Back / lumbar spine decisions — 2011

The Veteran's claims for increased evaluations of his coronary artery disease, bilateral knee sprain, lumbosacral strain, and right lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating in excess of the current ratings under applicable VA regulations.

The Board has ordered additional development to obtain medical records and conduct examinations to determine the appellant's need for regular aid and attendance or housebound status.

The Veteran's claim for increased ratings for his degenerative disc disease of the lumbar spine was denied as there is no evidence that the disability meets or approximates the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claim for service connection for a back condition, and thus the claim is granted.

The Board has determined that the Veteran's lumbar spine strain warrants an increased rating of 20 percent, effective February 2, 2007.

The Board has remanded the claims for higher ratings for left ankle, left hip, left knee and low back disabilities to the RO via the Appeals Management Center (AMC) in Washington, DC. The AMC will arrange for a VA compensation examination to reassess the severity of these orthopedic disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with new VA examinations to address the nature and etiology of his claimed conditions.

The Veteran's lumbar spine disability is currently rated at 10 percent, but the evidence does not support a higher rating as it does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's cervical spine disability is currently evaluated at 20 percent, and the evidence does not support a higher evaluation.

The Board has reopened the claims for service connection for right and left knee disabilities, but further development is needed before these claims can be adjudicated. The claim for low back disability is also remanded as it is inextricably intertwined with the current claims.

The Board found that the Veteran's current cervical spine degenerative disc disease was not incurred in service, is not presumed to have been incurred in service, and has not been caused or aggravated by his service-connected lumbar spine disability. As a result, the claim for service connection for a cervical spine disorder was denied.

The Board has determined that the Veteran's current right knee, bilateral hip, and low back disabilities were not incurred in or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran is seeking service connection for a back disability, which he believes was caused by an in-service motor vehicle accident. The Board has determined that additional development is needed to determine if the current back condition is related to his military service.

The Board found that the Veteran's hepatitis C, heart disorder, and low back disorder are not related to his military service. The claims for these conditions were denied.

The Veteran's service-connected low back disorder is not shown to be productive of a level of functional impairment, even when considering added limitation due to pain or during flare-ups, that would equate with an overall disability picture manifested by flexion of the thoracolumbar spine restricted to 30 degrees or less. The service-connected left eye disability is not shown to be productive of a level of corrected visual acuity worse than 20/25 on the right and 20/30- on the left.

The Board has remanded the case for further development, including obtaining complete VA treatment records and scheduling a VA examination. The issues of service connection for back disability, evaluation for paralysis of the left upper plexus, C5-C6, and evaluation for fracture of the left scapula remain on appeal.

The Veteran's claim for an initial increased rating greater than 20 percent for his service-connected low back disorder was dismissed because a timely substantive appeal was not filed.

The Veteran's low back disability is currently evaluated as 40 percent disabling, and the evidence does not support a higher evaluation based on unfavorable ankylosis or incapacitating episodes.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected low back disability and hypertension.

The Board has determined that a VA examination is needed to determine the etiology of any arthralgia of multiple joints, including lumbosacral spine disorder, and whether it is related to service.