Back / lumbar spine decisions — 2011

The Veteran's lumbar spine disability has been rated at 40 percent since September 1, 2004 and increased to 50 percent effective September 1, 2004. The right sciatic nerve disability is currently rated at 40 percent. Bladder incontinence associated with the lumbar spine disability does not require a compensable rating.

The Board found that the Veteran's low back disability was not incurred or aggravated during active service, and is not related to his service-connected left foot disability. Therefore, service connection for a low back disability is denied.

The Board finds that the Veteran's current left knee disability is likely due to his service-connected right knee disability, and grants service connection for this condition on a secondary basis. The low back disorder issue remains pending as there are no clear findings or evidence provided in the decision.

The Board has granted service connection for low back disorder and multiple joint arthritis, finding that these conditions are proximately due to or the result of service-connected disabilities involving painful feet with plantar fasciitis and calcaneal spurs.

The Board denied an initial extra-schedular rating in excess of 40 percent for lumbar disc disease and a TDIU.

The Veteran's acquired psychiatric disorder, including anxiety and panic disorders, is found to be aggravated by his service-connected bilateral knee disability. The back disability was not incurred or aggravated by active service. The right knee tendonitis and left knee patellofemoral stress syndrome are each rated as 10 percent disabling.

The Board has determined that the Veteran's appeals for service connection for right knee and low back disorders, both secondary to his service-connected left knee disability, have been timely perfected. The acquired psychiatric disorder claim is also considered timely.

The Veteran's claim for increased ratings for his lumbar spine disorder was denied. The evidence did not meet the criteria for a rating in excess of 20 percent prior to February 29, 2008 or 40 percent thereafter.

The Veteran's tinnitus is found to be related to his military service, specifically exposure to excessive noise. His claims for other conditions are denied as there is no evidence of current disability or a link to service.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of the submitted medical records.

The Veteran's claim for an effective date earlier than May 30, 2006 for service connection of chronic lumbar sprain with spondylolisthesis and degenerative disc disease was denied. The Veteran's claim for a rating in excess of 10 percent for the same condition was also denied.

The Veteran's low back disorder and headache disorder are rated at the maximum schedular rating of 50 percent, which is the highest available. The claim for TDIU remains pending as it meets the threshold criteria.

The Veteran's appeal has been dismissed due to his withdrawal of the claim for an increased disability rating for scars of the right mid back of neck. The Board is unable to readjudicate the remaining claims as it lacks jurisdiction over them.

The Veteran's service-connected thoracolumbar spine strain is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, combined range of motion of the thoracolumbar spine not greater than 120 degrees; or incapacitating episodes having a total duration of at least two weeks, but less than four weeks during the past 12 months. Therefore, the criteria for entitlement to a disability evaluation in excess of 10 percent have not been met.

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

The Veteran's appeal is being remanded for further development, including obtaining VA medical examinations to determine the etiology of his claimed bilateral heel stress fractures and related disabilities.

The Veteran's low back disability is rated at 40 percent, effective November 16, 2009. He also has separate ratings for radiculopathy of the left lower extremity and right-sided mild incomplete paralysis of the sciatic nerve.

The Board has decided to remand the Veteran's claims for further development due to insufficient evidence and need for additional examinations.

The Board denied the Veteran's claims for service connection for various conditions, including a lumbar spine disability, arthritis of the left knee and hands, hearing loss, tinnitus, an acquired psychiatric disability (PTSD), sleep apnea, and gastrointestinal disability.

The Veteran's claims for increased ratings for chronic low back pain with degenerative changes and chronic neck pain with degenerative changes have been denied as the evidence does not show that his service-connected disabilities are manifested by more than pain and limitation of motion.