Back / lumbar spine decisions — 2011

The Board has remanded the case for additional development due to issues with locating service treatment records and other relevant medical evidence. The Veteran's claim for service connection for a low back disability remains under consideration.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional VA treatment records and an updated medical examination. The AOJ will also consider any new evidence received since the last SSOC.

The Veteran has withdrawn his appeal for the issues of service connection for intervertebral disc disease, lumbar spine; chondromalacia, left knee; chondromalacia, right knee; a left hip condition; a right hip condition; peroneal tendonitis, left ankle; posterior tibial tendonitis, left ankle; and, posterior tibial tendonitis, right ankle.

The Veteran's service-connected degenerative arthritis of the lumbar spine was increased to a 40 percent evaluation effective July 22, 2009. The current disability rating remains in excess of what is warranted for his level of impairment.

The Board found that the Veteran's preexisting low back disorder was not permanently aggravated beyond its natural progression during service, thus rebutting the presumption of soundness at service entry.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and service personnel records. He also needs to be scheduled for a spine examination and joint examinations.

The Board has reopened the Veteran's claims for service connection of a back disability and shoulder disability, but denied his claim for left lower extremity disability. The rating for his acquired psychiatric disability was increased to 50 percent effective February 2004. However, the Court vacated the entire May 2009 decision, including the rating determination.

The Board has remanded the issues of service connection for a back disability and right kidney disability due to inadequate analysis in prior decisions, including failure to address lay evidence regarding continuity of symptomatology.

The Veteran's claim for service connection for a disability characterized by muscle pain, to include as secondary to a back disability was denied. The Board found that the diagnosed myofascial strain of the thoracic and lumbar paraspinal muscles is associated with his service-connected low back disability. For the periods prior to September 14, 2010, an initial rating for tension headaches was granted at 30 percent.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, right lower extremity radiculopathy, and left lower extremity radiculopathy. The criteria for higher ratings were not met.

The Veteran's claim for a rating in excess of 20 percent for chronic low back syndrome with DDD, T11-S1, thoracolumbar spine was denied. The evidence showed chronic pain and limitation of motion but no ankylosis or incapacitating episodes.

The Veteran's claims for service connection for lumbosacral strain, left knee disorder, and defective vision have been denied as secondary to his service-connected right knee disability.,The Board found no evidence of a current chronic back or left knee disorder related to the service-connected right knee disability.

The Veteran's claims for higher initial ratings on his service-connected conditions have been denied. The RO has granted service connection and assigned noncompensable disability ratings to all of the Veteran's service-connected conditions, effective December 1, 2003.

The Board has granted service connection for an acquired psychiatric disability, to include PTSD. The Veteran's other issues regarding increased ratings and service connection are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his lumbar myositis, cervical myositis, and right hip throchanteric bursitis.

The Veteran's claim for a higher rating for his low back disability and the derivative claim for TDIU are being remanded due to the need for additional development, including an examination.

The Board has determined that the Veteran's lumbar degenerative disc disease warrants a 20 percent rating, effective from the date of claim.

The Board found that the reduction of disability compensation benefits to 10 percent, effective March [redacted], 2006, due to incarceration for a felony conviction was proper.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining Social Security Administration records and a VA examination.

The Board has granted service connection for arthritis of the lumbar spine and a right and left foot disability, finding that these conditions are secondary to the Veteran's service-connected right knee strain with traumatic arthritis. The decision also reopened the claim for service connection for arthritis of the lumbar spine due to new evidence.