Back / lumbar spine decisions — 2011

The case is being remanded due to the Veteran not being formally informed of procedures for a reduction in rating and because she has not been provided with criteria for rating disabilities of the spine. The RO must contact her to determine if additional treatment records are needed, schedule an examination if necessary, and readjudicate the claim.

The Veteran's claims for increased ratings for PTSD and lumbosacral strain were denied. The Veteran did not appeal these decisions.

The Board has decided to remand the case for additional development, including obtaining updated treatment records and scheduling a VA examination.

The Board has determined that additional development is needed for both the service connection claim and the PTSD evaluation. Specifically, VA must attempt to obtain records from the Veteran's treatment at Ft. MacArthur Hospital in San Pedroica, California, as well as off-site medical records from UMass Memorial Health Care and the Hyannis Vet Center.

The Veteran's low back strain is rated at 20 percent, the maximum schedular rating available. The evidence does not show that his disability warrants a higher evaluation.

The Board finds that additional evidence is needed to determine the Veteran's claims for service connection for diabetes mellitus, type II and a low back disorder. The RO must attempt to obtain all pertinent VA treatment records prior to August 18, 2006, as well as any private medical records from his initial diagnosis in 1998. A VA examination is also required to determine the etiology of both conditions.

The Veteran's DDD of the lumbar spine with spina bifida occulta resulted in severe intervertebral disc syndrome (IVDS) and chronic neurological manifestations, warranting a rating higher than 40 percent.

The Board has reopened the claims of service connection for chest pain (excluding CAD), epididymitis, and epididymal/scrotal cyst. The issues of service connection for hypertension, depression, coronary artery disease, gastrointestinal disability, and back disability are being decided on their merits.

The Veteran's service-connected degenerative disc disease at L4-L5 level is currently rated as 40 percent disabling, effective October 23, 2009. The Board finds that the evidence does not support a higher rating prior to this date.

The Veteran's back disability was initially rated at 10 percent in June 1998 and later increased to 20 percent effective November 3, 1997. The claim for a higher initial rating remains denied as the evidence does not support an increase beyond 20 percent.

The Board denied service connection for back and bilateral foot disabilities, finding no evidence of pre-existing conditions that were aggravated by service or otherwise incurred during service.

The Veteran's claim for special monthly compensation based on need for aid and attendance or being housebound due to service-connected disabilities is remanded. The issue of whether new and material evidence has been received to reopen a claim for service connection for spinal stenosis of the lumbar spine must be addressed.

The Veteran's increased rating for his service-connected thoracolumbar spine osteoarthritis and degenerative disc disease has been granted, with a 20 percent evaluation effective from April 14, 2009.

The Board denied the Veteran's claim for a rating in excess of 30 percent for his service-connected lower back disability, and also denied service connection for right leg, left leg, right knee, and left knee disabilities as secondary to service-connected bilateral pes planus.

The Board has granted service connection for the Veteran's low back disorder as secondary to his service-connected paralysis of the left external popliteal nerve. The claim for residuals of pneumothorax, to include COPD is being reopened and will be addressed on remand.

The Veteran's hepatitis and cluster headaches have been evaluated, but the issues of bilateral pes planus, left leg disability, and back disability are denied.,Service connection for bilateral pes planus is denied as there is no evidence that preexisting pes planus was aggravated during active military service.

The Board dismissed all claims due to the Veteran's withdrawal of his appeal on these issues.

The Veteran's lumbar spine disability, including his service-connected lumbar strain and degenerative disc disease, resulted in a temporary total disability evaluation from September 2006 to January 2007. However, the claim for an increased rating was denied as there is no evidence of worsening since the last examination.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing loss disability is likely due to noise exposure during active and reserve service. The other claims of service connection for low back condition, tinnitus, and migraine headaches are remanded for additional development.