Back / lumbar spine decisions — 2011

The Board found that the Veteran's current back disability was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded to obtain additional medical evidence and to schedule a VA examination.

The Board has reopened the Veteran's claim for service connection of a low back disorder and finds that new and material evidence has been submitted. The VA examiner concluded that the preexisting spondylolisthesis did not worsen during active duty, thus not meeting the criteria for aggravation.

The Board has determined that there is no competent evidence of a current back disability, and thus service connection for a back disorder cannot be granted. The claims for right knee and left knee disorders are remanded to obtain an adequate medical opinion regarding the etiology of these conditions.

The Veteran's service-connected herniated disc, L4-5 of the lumbar spine, is rated at 40 percent disabling due to limitation of motion and neurologic impairment. The TDIU claim has been granted.

The Veteran's claims are being remanded for additional development, including obtaining Social Security Administration records and VA treatment records from the Fayetteville VAMC.

The Veteran's claim for a higher rating for lumbar strain was denied, and the claim to reopen his gastritis service connection was granted. The Board found that the evidence did not meet the criteria for an increased rating under applicable evaluation criteria.

The Veteran's service-connected lumbar spine strain and degenerative disc disease have been rated at 20 percent since April 28, 2008. The current rating is appropriate as the evidence does not show limitation of motion to a degree that would warrant a higher evaluation.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected bilateral chondromalacia patella of the knees and bilateral pes planus.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disability, including degenerative disc disease with lumbar radiculopathy and spondylosis. The appeal is granted.

The Board denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain, finding that there was no evidence of unfavorable ankylosis and that his degenerative disc disease is unrelated to his service-connected condition.

The Board denied the Veteran's claims of service connection for a low back disability and an acquired psychiatric disorder, finding that there was no clear and unmistakable evidence showing a pre-existing condition prior to service. The Board also found insufficient evidence to establish direct service connection.

The Board has remanded the case due to additional development being required, including obtaining VA and private treatment records, as well as employment records related to a low back injury. The Veteran's claim for service connection for a low back disability is currently under review.

The Board has ordered a remand to obtain clarification on the relationship between the Veteran's low back disorder and service, specifically addressing September 1958 complaints. The case is now pending for further examination and review.

The Board has remanded the case to the RO for further appellate review due to an inadequate VA examination in March 2007. The Veteran needs a new VA medical examination to address the functional effects of his spine disability.

The Board found no medical evidence linking the Veteran's current low back disability to his service-connected compound fracture of the right tibia and fibula, concluding that the leg length discrepancy is not related to the service-connected condition.

The Board finds that the Veteran's current lumbar spine disability, including lumbar disc degeneration L5-S1, spondylolisthesis of L5 on S1, and mechanical low back strain, was incurred during active service.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied, as the evidence did not show incapacitating episodes or other criteria warranting a higher rating. Service connection for bilateral peripheral neuropathy secondary to the lumbosacral strain was also denied.

The Board has determined that the Veteran's degenerative disc disease at L5-S1 is related to his service, and thus grants service connection for this condition.

The Board found no evidence of a low back injury during service and concluded that the current low back disorder is not related to active duty. The Veteran's statements regarding continuity of symptoms since service were deemed incredible, and there was no medical nexus linking his current condition to service.