Back / lumbar spine decisions — 2011

The Board denied the appellant's claims of entitlement to service connection for a bilateral hip disability, low back disability, right ankle disability, left ankle disability, and sleep apnea. The appeal was decided on the merits as the issues were adjudicated under a direct service connection theory.

The Board granted the Veteran's service connection for PTSD and assigned a 30 percent disability rating, effective June 8, 2007. The claim for an increased rating for PTSD was withdrawn by the Veteran. Service connection was established for a low back disability due to in-service injury during combat in Korea.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied service connection for PTSD, acid reflux, and hypertension as secondary to PTSD. The Veteran's claims were not supported by competent medical evidence of current diagnoses or a link between the conditions and service.

The Board has remanded the case due to issues regarding proper notice and development of missing VA medical records.

The Veteran's claim for increased ratings was granted, with a 30 percent rating assigned for palsy of the left common peroneal nerve as of October 22, 2002. The other issues were denied.

The Veteran's DDD of the lumbosacral spine is currently rated at 20 percent, and no higher. The Board finds that a rating in excess of 20 percent is not warranted.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating as his forward flexion of the thoracolumbar spine is more than 30 degrees and he has no findings of ankylosis. The VA examinations do not indicate that he requires bed rest due to pain.

The Veteran's service-connected low back strain was found to be at its worst prior to December 10, 2005. Since then, the condition has been manifested by forward flexion from zero to 90 degrees and subjective complaints of pain in both lower extremities. The Board denied an evaluation in excess of 20 percent for orthopedic manifestations of low back strain.

The Board finds that the Veteran's current back disorders are not related to his active military service and are not secondary to or aggravated by a service-connected knee disability.

The Board has granted a 40 percent evaluation for the Veteran's low back disability since November 1, 2010, based on x-ray evidence of degenerative joint disease with forward flexion from 0 to 45 degrees and additional limitation of motion due to muscle spasm, guarding, and tenderness. Prior to this date, a higher evaluation was not warranted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA clinical records since October 2005 and a June 2010 report of EMG examination.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of both legs is denied as he does not have the anatomical loss or loss of use of both legs due to service-connected disabilities.

The Board has determined that the Veteran's current degenerative disc disease and arthritis of the lumbar spine is service-connected, as it was incurred in service.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his low back disability, current severity of his service-connected left thumb scar and digital nerve damage, and current severity of his bilateral hearing loss. The Veteran also requested a Travel Board hearing.

The Veteran's DDD of the lumbar spine was found to not meet the criteria for a higher rating as his symptoms did not result in forward flexion of less than 60 degrees, combined range of motion of less than 120 degrees, or muscle spasm, guarding severe enough to result in an abnormal gait or spinal contour.

The Veteran's initial ratings for multiple herniated discs of the lumbar spine were granted and assigned a 20 percent disability rating effective April 7, 2005.

The Board is remanding the claims to the RO for further development, including a new VA examination and consideration of whether there is new and material evidence to reopen the claim for service connection for a bilateral foot condition. The remaining claims for service connection for back and leg conditions are also being deferred pending proper development.

The Board denied the Veteran's claims of service connection for right and left scapula disorders, entitlement to increased ratings for dorso-lumbar strain and tinnitus, and a compensable rating for bilateral hearing loss. The Veteran's cervical spine disability was rated based on its current manifestations.

The Veteran's degenerative arthritis of the lumbar spine is causally or etiologically related to service, and the Board grants service connection for this condition.