Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded due to the submission of a favorable Social Security Administration (SSA) decision awarding disability benefits, and the need for further consideration.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or being housebound is remanded due to the possibility of worsening service-connected disabilities. His increased rating claim for spine disability is also referred back for further development.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support granting higher disability ratings for her service-connected conditions.

The Veteran's appeal is being remanded due to the need for a new VA audiology examination and additional information from SSA.

The Veteran's low back disability, which included lumbar strain, myositis, and degenerative joint disease of the lumbosacral spine, was manifested by pain; flare-ups as frequently as three times per week; flexion ranging from 0 to 80 degrees with observed pain at 60 degrees; extension ranging from 0 to 30 degrees with observed pain at 20 degrees; tenderness to palpation; spasms; guarding; and reversed lordosis. The Veteran was granted an initial disability rating of 20 percent for his low back disability prior to June 13, 2008.

The Board denied the appellant's claims for increased ratings and discontinuance of SMC based on loss of use of the right foot. The issues were related to PTSD, spinal stenosis with degenerative arthritis of the lumbar spine, and radiculopathy.

The Board found no evidence of a chronic low back disorder during service or within one year post-service, and the June 2008 VA examiner opined that current degenerative disc disease is not due to lumbosacral strain incurred in service. The claim for service connection was denied.

The Veteran's current back disability is not related to his military service.

The Board has awarded an initial 40 percent evaluation for the service-connected mechanical low back pain, effective from April 1, 2004.

The Board denied the Veteran's claims for service connection for low back disability, head injury residuals, and tuberculosis.

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

The Board has determined that the Veteran's tongue cancer, right knee disability, and low back disability did not have onset during his active service or are not otherwise related to military service.

The Veteran's disability rating for spinal fusion with limitation of motion was reduced from 40 to 20 percent, effective November 1, 2010. The case is REMANDED due to the need for a thorough VA examination and review of medical records.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective December 4, 2008. The other issues remain denied.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an increased rating for postoperative residuals of right femur fracture with right lower extremity shortening. The claim for an increased rating for low back strain was also denied.,Service connection was granted for the postoperative residuals of right femur fracture, but at a 20 percent evaluation.

The Veteran's service-connected back and right lower extremity disabilities do not render him unable to obtain or maintain substantially gainful employment, as his combined rating is less than the required threshold for TDIU under VA regulations.

The Veteran's appeal is being remanded for additional development, including a VA neurological examination to assess the current nature and severity of his service-connected lumbar spine disability.

The Board finds that the appellant sustained cold injury during active service and, considering all evidence of record, including his in-service exposure to subfreezing temperatures without adequate protection, as well as post-service medical records showing symptoms consistent with cold injury residuals, there is sufficient evidence to grant service connection for residuals of cold injury to the upper and lower extremities. The Board also finds that the appellant's current low back disability, bilateral hip disability, and heart disability are related to his in-service exposure to subfreezing temperatures.

The Veteran's back disability is not service connected. The recurring sore throat and dental disorder (tooth problems) claims require additional evidence to substantiate the service connection.

The Veteran has withdrawn her appeal regarding the initial ratings for PTSD, migraine and tension headaches, low back disability, right knee disability, and left knee disability.