Back / lumbar spine decisions — 2011

The Board finds that the reduction of the evaluation for the Veteran's low back disability from 20% to 10% effective January 8, 2009 was proper based on consistent thoracolumbar forward flexion greater than 60 degrees.

The Board has determined that the Veteran's right hip superior labral tear and degenerative disc changes of the cervical spine from C4 through C6 are as likely as not related to military service, including his deployment in Iraq. Service connection is granted for these conditions.

The Board has determined that there is new and material evidence to reopen the Veteran's claim for service connection for a low back disorder, but further development is needed before this claim can be adjudicated on its underlying merits.

The Veteran's service-connected low back disability has been rated at 40 percent since March 31, 2007. The evidence does not support an evaluation in excess of this rating.

The Veteran's DDD of the thoracolumbar spine has been rated at 40 percent since March 25, 2008.

The Board found that the Veteran's service-connected lumbar spine disability, characterized by chronic low back pain with radiating symptoms to the left lower extremity, does not meet or approximate the criteria for a higher rating than 20 percent. The Veteran was granted a noncompensable (zero percent) disability rating for his associated S1 radiculopathy.

The Board has remanded the case for a new hearing on whether there is new and material evidence to reopen claims for service connection for back disorder and PTSD.

The Board has granted service connection for residuals of a right foot/ankle fracture and a disability of the lumbar spine, both secondary to service-connected bronchial asthma. The Veteran's current rating for his service-connected bronchial asthma is 30 percent.

The Board has dismissed the appeal because the Veteran did not timely file a Substantive Appeal with regard to his claim of entitlement to service connection for schizophrenic reaction, undifferentiated type (also claimed as depression), and a low back injury.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's chronic low back disability and failure to provide the date of onset for each diagnosed condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and issuing a SOC on the issues of service connection for lumbosacral strain, chronic allergic rhinitis, and respiratory disorder (due to undiagnosed illness).

The Veteran's low back disability, characterized by moderate recurrent attacks of degenerative disc disease, is currently rated at 20 percent from June 10, 2009.

The Veteran's claims for service connection for low back, cervical spine, right hip, and bilateral foot disabilities were denied as there is no competent evidence linking these conditions to his military service.

The Board has determined that the Veteran's service treatment records are unavailable and that additional attempts to locate relevant medical evidence have been unsuccessful. The case is being remanded for further development, including obtaining records from Fort Lee Army Hospital and attempting to obtain Social Security Administration records.

The Veteran withdrew his appeal for an increased rating of neuropathy of the right lower extremity. The case is being remanded to consider a claim for TDIU.

The Board has reopened the Veteran's claim for service connection for lumbar spine strain and cervical spine disability. The evidence shows that the Veteran had symptoms of back pain during service, which he attributed to a fall in basic training and an exercise period in aviation ordnance school. Service treatment records show no pre-existing condition noted at entry into service. The Board finds that the Veteran's current lumbar and cervical spine disabilities are related to his military service.

The Veteran's service-connected disabilities, including depressive disorder with psychotic features, sleep apnea, migraines, lumbar spine degenerative changes, right knee injuries, and hypertension, render him housebound or in need of aid and attendance. The case is REMANDED for further development.

The Veteran's right and left knee chondromalacia patella are found to have pre-existed service but were aggravated by military service, warranting service connection.,There is a strong correlation between the Veteran's pes planus and his low back disability. The Board finds that this low back disability may be considered secondary to his service-connected pes planus.

The Board has remanded the case for additional development, including a review of the Veteran's file and an examination to determine if any current psychiatric disorder is related to service or a service-connected disability.

The Veteran's degenerative disc disease has been manifested by some situational reduction in range of motion, but no evidence of forward flexion greater than 30 degrees or combined range of motion not greater than 120 degrees. There are no separately compensable neurological manifestations and there is no evidence of incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 2 weeks during a 12-month period.