Back / lumbar spine decisions — 2011

The Board has remanded the case for further development, including a new VA examination and review of service connection for bilateral pes planus. The Veteran's claim for service connection for low back disorder secondary to his bilateral pes planus is also on hold until these issues are resolved.

The Board found that the Veteran's current low back condition is causally related to his service, specifically noting an increase in severity during service. The pre-existing condition was aggravated by service.

The Veteran's claims for increased ratings and secondary service connection were denied. The right shoulder disability was rated at 20 percent prior to January 27, 2010.

The Board has denied service connection for back disability, hip disability, and right leg disability as there is no competent evidence or opinion linking these conditions to the Veteran's military service.

The Board has remanded the case for further development, including obtaining a medical opinion and reviewing additional evidence. The Veteran's claim of entitlement to service connection for his upper back condition is currently before the Board.

The Board denied the Veteran's claims for service connection for various conditions, finding that none of the claimed disabilities were incurred or aggravated by military service.

The Board denied the Veteran's claim to reopen his service connection for a low back condition, finding that new and material evidence was not received. The Veteran's request to reopen the previously denied claim is denied.

The Board found no evidence to support the Veteran's claim that her current low back condition is related to service, and denied her claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records related to her low back disorder, scheduling a VA examination, and adjudicating the TDIU claim.

The Veteran's claim for a rating in excess of 10 percent for his lower back disability was denied as the evidence did not show forward flexion limited to 60 degrees or less, combined range of motion of the thoracolumbar spine limited to 120 degrees or less, muscle spasms resulting in abnormal gait or spinal contour, ankylosis, or a fractured vertebra. The Veteran's back disability was evaluated under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is related to a back injury he sustained in July 1962 during active duty training, and thus service connection for this condition is granted.

The Board has remanded the Veteran's claims due to new evidence received since the May 2010 Supplemental Statement of the Case.

The Board has determined that the Veteran's thoracolumbar spine disability warrants a 20 percent evaluation, as his combined range of motion is greater than 120 degrees but not greater than 235 degrees.

The Veteran's claims for increased ratings for cervical spine and left knee disabilities were denied. The Board found that the current manifestations of his cervical spine disability did not warrant a rating in excess of 20 percent, while those of his left knee disability did not meet criteria for a higher than 10 percent rating.

The Board found that the Veteran's current degenerative disc disease of the lumbar spine with chronic low back pain is service-connected, as it likely began during his period of active duty and was aggravated by smoking. The Board granted service connection based on continuity of symptomatology.

The Veteran's lumbosacral herniated nucleus pulposus and cervical spine injury are currently rated at 40 percent, with a separate grant of service connection for right lower extremity radiculopathy and pain as secondary to the lumbosacral HNP. The claim is granted.

The Board has determined that the Veteran's current back condition is not related to his service and cannot be presumed due to a disease or injury in service. The claim for service connection for a back condition is therefore denied.

The Board finds that service-connected PTSD did not cause or contribute substantially to the Veteran's death due to gunshot wounds. The examiner could not conclude without undue speculation that PTSD caused the death or materially contributed to it.

The Board has remanded the claims for further development and consideration, including obtaining additional medical records and arranging for a VA examination. The Veteran's upper back disability is being considered based on direct service connection, while his right foot strain and knee disabilities are still under review.

The Veteran seeks service connection for multiple disorders, including right knee, right leg, back, and left foot conditions. The claims are being remanded to obtain missing service treatment records and additional medical evidence.