Back / lumbar spine decisions — 2011

The VA determined that the Veteran's current back disability is not causally or etiologically related to his active service, nor is it proximately due to or the result of his service-connected right ankle disability.

The Board found that the Veteran's low back disability is not related to her active service and was not caused or aggravated by a service-connected disability.

The Board has determined that the Veteran does not have a low back disorder as a result of disease or injury during active service, and it is not proximately due to or the result of a service-connected disability. Therefore, service connection for a low back disorder cannot be granted.

The Board found no evidence of a back disorder in service and denied the Veteran's claim for service connection.

The Board has remanded the case for additional development due to an inaccurate or incomplete history in a previous medical opinion.

The Board has remanded the case for additional development, including obtaining a VA medical opinion. The Veteran is entitled to a Travel Board hearing at the earliest available opportunity.

The Board has remanded the case for further development, including a supplemental opinion from the VA examiner regarding whether the Veteran's back disability is related to service.

The Board found that the Veteran does not have a current back disorder that was caused or aggravated by his service.

The Veteran's lumbosacral strain and left forearm fracture disabilities have been granted increased evaluations, with the lumbosacral strain receiving a 40% evaluation effective September 10, 2009.

The Veteran's left lower extremity radiculopathy is not service-connected as it is not caused or aggravated by his service-connected low back disability. The Board also denied the claim for an initial evaluation in excess of 40 percent for the service-connected low back disability and TDIU.

The Veteran's mechanical low back pain was not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or a combined range of motion of the thoracolumbar spine greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour from April 29, 2004 to December 28, 2008.,The Veteran's mechanical low back pain is manifested by pain and limited motion but not by ankylosis of the thoracolumbar spine or bed rest prescribed by a physician on or after December 29, 2008.

The Board has determined that the Veteran's carpal tunnel syndrome of the right hand and low back disorder are not related to his military service.

The Veteran's claims for increased ratings and service connection have been denied. The maximum schedular rating of 40 percent has been assigned for fibromyalgia, which is the highest available under the applicable diagnostic code.

The Veteran's claims for higher ratings for his service-connected lumbar spine spondylosis and radiculopathy in the right lower extremity were denied. The Board also found no hip disability to be present, thus denying service connection for bilateral hip disabilities.

The Board has determined that new and material evidence has not been submitted to reopen any of the Veteran's service connection claims, including for peripheral neuropathy of the right leg, left leg, elbow, neck, low back, shoulder disabilities, carpal tunnel syndrome, or heart disorder. The claimant's statements regarding abdominal pain are deemed not credible.

The Board has determined that additional VA examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection, increased evaluations, and TDIU.

The Board has determined that the Veteran's low back disorder, manifested by spondylolisthesis with degenerative joint disease of the lumbar spine, does not meet or approximate criteria for a higher initial evaluation than 40 percent.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain, degenerative disc disease (DDD) at T11-12 and L5-S1, and spondylosis at L5-S1 is being remanded due to the need for additional development of her medical records.

The Board found that the Veteran's current neck, shoulder, and back disability is due to an inservice vehicular accident in 1995. The claim for service connection was granted.

For the period of the appeal, the evidence demonstrates that the Veteran's lumbosacral strain has been manifested by limitation of motion with pain on motion; flexion of the lumbar spine to 65 to 90 degrees, and mild to moderate muscle spasm. The criteria for a rating in excess of 40 percent are not met.