Back / lumbar spine decisions — 2011

The Board has determined that additional development is needed to ensure all relevant evidence is considered in connection with the Veteran's claims, including obtaining records from SSA and VA medical centers. The Veteran will be provided an opportunity to submit any relevant private treatment records.

The Veteran's claims for service connection were denied as there is no competent credible evidence of a current disability or causally related to active service. The Veteran was not found to have a bilateral ankle disability, lower back disability, or hypertension secondary to PTSD.

The Board has reopened the Veteran's claim of entitlement to service connection for a back disorder and finds that new and material evidence has been received. The opinion from Dr. Nosce indicates a likelihood that the Veteran's back disorder is related to his service-connected left knee disability, which may support service connection on a secondary basis.

The Veteran's service-connected disabilities, including major depressive disorder and migraines, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted TDIU.

The Board has decided to remand the Veteran's claims for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that her current chronic headaches (diagnosed as migraines) had their onset during active military service. The Veteran's currently-shown hiatal hernia with GERD and abnormal pap smear are dismissed due to withdrawal of appeal.

The Veteran's claims of earlier effective dates for the lumbar disc disease and PTSD evaluations are denied as they were not filed within the one-year period following the final rating decisions.

The Board has determined that the Veteran's low back disorder, numbness and swelling of lower extremities (bilaterally), and bilateral foot disorder are not service-connected as they do not have a direct link to his military service. The symptoms are also not secondary to any service-connected disability.

The Board has determined that further development of the evidence is required in order to properly adjudicate the Veteran's claims, including obtaining a VA examination for his lumbar spine and left knee disabilities.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his claimed conditions.

The Board has determined that the Veteran does not have a current lumbar spine disability related to service, and thus cannot establish service connection for this condition.

The Veteran's lumbosacral strain with degenerative changes at L4-L5 and L5-S1 has been rated as 20 percent disabling since March 9, 1998. The rating was increased to 40 percent from April 25, 2005 to August 11, 2005.

The Veteran's right knee strain was characterized by flexion to at least 130 degrees and extension to 0 degrees, without lateral instability or recurrent subluxation prior to October 18, 2005. From October 19, 2005, the Veteran's right knee strain resulted in forward flexion limited to 110 degrees with mild neurological impairment.,The Veteran's lumbosacral strain was characterized by a full range of motion and no more than slight subjective symptoms prior to September 23, 2002. From September 23, 2002, to September 25, 2003, the Veteran's lumbosacral strain resulted in forward flexion limited to 90 degrees with mild spasm and pain.,The Veteran's degenerative joint disease of the right hip was characterized by flexion to 125 degrees and abduction to 45 degrees prior to September 9, 2003. From September 10, 2003, to October 18, 2005, the Veteran's degenerative joint disease of the right hip resulted in flexion limited to 75 degrees without ankylosis or flail joint.

The Veteran's claims for increased ratings for various service-connected disabilities were denied. The evidence did not support a higher rating based on the current manifestations of his conditions.

The Veteran's appeal is remanded for additional development, including obtaining service department records and scheduling VA examinations to evaluate the severity of his service-connected disabilities.

The Veteran's claims for service connection for low back and bilateral knee disorders are being remanded due to the need to obtain additional private treatment records.

The Veteran's appeal was granted, with a disability rating of 40 percent for his service-connected low back disability and compensation under 38 U.S.C.A. § 1151 for severe pain in both legs and heels. The claim for service connection for a neuropsychiatric disorder was reopened but not decided.

The Board finds that the Veteran does not have credible evidence of an in-service injury or event, and thus service connection for a low back disability cannot be established.

The Board found that the Veteran's back disability is not shown to be etiologically related to his military service and denied his claim for service connection.

The Veteran's low back disability is currently rated at 10 percent, effective April 1, 2006. The VA determined that the condition does not warrant a higher rating based on its current manifestations.