Back / lumbar spine decisions — 2011

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective September 12, 2008.

The Board has determined that additional development is necessary before the claims can be decided, including providing VCAA notice and obtaining medical records. The Veteran's service connection claims for lumbar spine and left knee disorders are remanded to obtain appropriate VA examinations.

The Veteran's service-connected low back disability is rated at 40 percent disabling, effective October 15, 2007. The claim for an increased rating for the lumbar degenerative joint disease with chronic low back pain was denied. The initial rating in excess of 20 percent for sensory radiculopathy S1 dermatome was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining recent treatment records and scheduling VA examinations to assess the current severity of his service-connected heart and back disabilities.

The Board has determined that the Veteran's residuals of valley fever are related to his military service, but there is insufficient evidence to establish a current low back disability.

The Board has remanded the case for a supplemental VA opinion to address whether the Veteran's claimed disabilities are permanently aggravated by his service-connected neuro-syphilis.

The Veteran's service-connected disabilities, by themselves, do not render him unemployable. His combined disability rating is 70 percent.

The Board has remanded the case to afford the Veteran an appropriate VA examination and determine if his lumbar spine disability is related to military service.

The Board found that the Veteran's back disorder, including disc herniations and musculoskeletal pain, was not incurred in or aggravated by service. The July 2009 VA compensation examiner concluded that the current condition is less likely than not caused by the Veteran's fall during service.

The Board has granted service connection for the Veteran's lumbar spine discogenic disease, finding that it is proximately due to his service-connected left hip osteoarthritis.

The Board denied the Veteran's claims for service connection for various orthopedic conditions, including right hip arthritis, left hip arthritis, multilevel spinal degenerative disc disease, and bilateral knee arthritis. The evidence did not support a finding of direct service connection.

The Board found that the Veteran's claimed disabilities, including bilateral shin splints and leg pain, a bilateral toe disability, sinusitis, and low back disability, were not incurred in or aggravated by her active military service.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that it was incurred in service. The issue of service connection for chronic pain syndrome is remanded to the RO/AMC.

The Board found no evidence of a low back condition during service and denied the Veteran's claim for service connection.

The Board has granted service connection for the Veteran's degenerative disc disease of the lumbar spine with disc bulge at L5-S1 on a secondary basis due to aggravation by his service-connected right lower extremity disability. The TDIU claim is also granted.

The Board has remanded the case due to incomplete STRs and the need for an adequate examination.

The Board is remanding the case for further development, including a new VA examination to determine if the Veteran's current left knee disability and degenerative changes of the lumbar spine are caused or aggravated by his service-connected right knee disability. The claim will be reconsidered based on the results of this examination.

The Veteran's lumbosacral strain was initially rated at 10 percent prior to April 22, 2009 and increased to 20 percent thereafter. The current rating of 20 percent is granted.

The Board has determined that the Veteran's right knee and low back disabilities are permanently aggravated by her service-connected left knee disorder, warranting service connection for these conditions.

The Veteran's low back disability is not manifested by findings of favorable or unfavorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring bed rest prescribed by a physician. Therefore, he does not meet the criteria for an initial evaluation in excess of 40 percent.