Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings for his right and left knee disabilities, lumbar spine disability, and headaches have been denied as the evidence does not show that any of these conditions warrant a rating in excess of 10 percent at any time since service connection was granted.

The Board has granted service connection for a right knee disability (Degenerative Joint Disease) and finds that the Veteran's current right knee disability is related to his military service. The claims of service connection for bilateral hip, ankle, and low back disabilities are also granted as direct service connection was established.

The Veteran's claim for a TDIU is being remanded due to the need for additional medical examination and development of his claims file. The RO will arrange for an examination by a VA physician to assess whether his service-connected disabilities, alone or in combination with any non-service connected conditions, render him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's claimed disabilities did not manifest during service or within one year of separation, and thus denied service connection for all three conditions.

The Veteran's claim for a rating in excess of 40 percent for lumbar DDD with chronic lumbar strain was denied as the evidence did not show that his disability warranted such a higher rating.

The Board found that the Veteran's service-connected disabilities do not present such an exceptional or unusual disability picture with marked interference with employment as to render impractical the application of the regular schedular standards. The evidence does not demonstrate frequent hospitalization or other factors warranting an extra-schedular rating.

The Board has granted a 10 percent rating for lumbosacral strain since January 1, 2009. The Veteran's service-connected lumbosacral strain is currently manifested by chronic back pain with no evidence of forward flexion of the thoracolumbar spine less than 60 degrees; a combined range of motion of the thoracolumbar spine in excess of 120 degrees; normal motion of the thoracolumbar spine; and no muscle spasms, guarding or localized tenderness severe enough to result in an abnormal gait or abnormal spinal contour.

The Veteran's service-connected lumbar spine disability did not manifest unfavorable ankylosis of the entire thoracolumbar spine, so he is not entitled to a higher rating.

The Board found that new evidence received since the August 1993 denial did not relate to an unestablished fact necessary to substantiate the claims and was cumulative. The claims for service connection for left knee disability and low back disability were therefore denied.

The Board has determined that the Veteran's low back disorder is etiologically related to his military service and grants service connection for lumbar spine degenerative joint disease.

The Veteran's claims for increased evaluations of his service-connected thoracolumbar back strain, right varicose vein, right knee strain, and left knee strain are being remanded due to the need for additional examinations to assess the current severity and manifestations of these disabilities.

The Board has decided that the case needs additional development and remands it to the RO for further action.

The Veteran's claims for increased ratings for his low back disability and associated radicular pain are being remanded to the RO for further development.

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

The Veteran's degenerative disc disease of the thoracic and lumbar spine is found to be related to his period of active duty service from March 2002 to March 2007, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to the need for additional development, including obtaining medical records and service personnel records.

The Board has granted service connection for cervical spinal strain with degenerative disc disease, lumbar spinal strain, and headaches as secondary to the cervical condition.,All conditions are found to be related to active duty.

The Board denied service connection for degenerative joint disease of the lumbar spine, finding no credible evidence linking it to military service.

The Veteran's claim for service connection for a lumbar spine disorder is being remanded due to the need for additional development, including obtaining VA treatment records and providing an addendum opinion from the October 2010 VA examiner.

The Veteran's spine disability is rated at 20 percent, effective March 29, 2006. The associated sciatica disabilities are separately evaluated as 10 and 20 percent disabling.