Back / lumbar spine decisions — 2011

The Veteran's service-connected low back disability is manifested by nearly full forward lumbar spine flexion, and a combined range of motion greater than 120 degrees. Muscle spasm, guarding, localized tenderness, vertebral body fracture or deformity, ankylosis, chronic neurologic disability manifestations, or incapacitating episodes of IDS requiring bed rest have not been shown. Therefore, the criteria for a higher rating are not met.

The Veteran seeks service connection for a low back disorder. The case is being remanded due to the unavailability of his service treatment records and the need to obtain additional medical records.

The Veteran's low back disability is currently rated at 20 percent, effective from March 14, 2007. The rating reflects the Veteran's lumbar muscle spasms and painful motion to 60 degrees of flexion.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 30, 2008. The decision found that there was no pending claim or medical evidence supporting such a determination.

The Board has denied the Veteran's claims for service connection for bilateral knee disorder and low back disorder, finding no evidence of a nexus between these conditions and his military service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and granted service connection. The Board also found that the Veteran's cervical spine disability is at least as likely as not related to his period of service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature of his claimed conditions.

The Veteran's service-connected lumbar strain does not meet the criteria for an evaluation in excess of 10 percent, as his disability does not result in forward flexion of the thoracolumbar spine greater than 30 degrees or a combined range of motion less than 120 degrees. The Board finds that the current rating adequately reflects the Veteran's disability.

The Board has granted service connection for coronary artery disease and osteoarthritis of the lumbar spine, finding that these conditions are secondary to the Veteran's service-connected psychophysiological nervous system reaction.

The Veteran's claims for higher initial ratings for cervical spine and thoracolumbar spine disabilities were denied as there is no evidence of a current disability that meets the criteria for an increased rating.

The Board denied the Veteran's claims for service connection for fibromyalgia and a lumbar spine disability, finding that there was no evidence of onset during service or within one year after separation. The disabilities were not shown to be related to an injury or disease in service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a new VA examination to determine if the Veteran's current back disorder is related to his military service.

The Board has remanded the case to the RO for further review due to issues related to service connection and etiology of back conditions.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the issue of a disability rating higher than 20 percent for lumbar spine degenerative disc disease, with L5-S1 disc protrusion and facet arthropathy.

The Veteran's claim for increased ratings for residuals of left tibia and fibula fracture and lumbar spine disability was denied. The case is being remanded to the RO for further development.

The Board has determined that the Veteran's lumbar spine disability began in service and has continued since, granting service connection for a back disability.

The Veteran's claim for an increased rating for a lumbar spine disability is being remanded due to the need to review and consider the September 2005 VA examination report, clarify if the Veteran was provided with a VA orthopedic examination in April 2010, obtain updated VA treatment records, and provide the Veteran with another SSOC.

The Board has determined that the Veteran's current back and left shoulder disabilities are not related to service, thus denying his claims for service connection.

The Board found that the Veteran's low back disability was not incurred in or related to his military service.

The Board has reopened the appellant's claims of service connection for right pes planus, arthritis of the right ankle, and low back disability. The new evidence received supports a finding that these conditions are related to his active service.