Back / lumbar spine decisions — 2011

The Veteran's appeal is remanded due to the need for a more recent VA examination of his service-connected lumbar spine disability, and further development of the claim.

The Board granted the Veteran's claims for increased evaluations for his right and left knee disabilities, but denied reopening of his claim for a low back disability. The Veteran was assigned 20 percent ratings for each knee from October 5, 2006.

The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease, L5-S1 due to insufficient evidence regarding the onset and relationship of his current condition to service. The VA will need to obtain additional medical records and arrange for a VA examination.

The Board has not reopened the claims for service connection of a back disorder, hypertension, and fungal infection of the feet. The claim for service connection of a dental condition for outpatient treatment purposes remains pending.

The Board has determined that additional development is needed to determine the appellant's service connection claim for diabetes mellitus and his claim for compensation under 38 U.S.C.A. § 1151 for residuals of a spinal cord stimulator implantation.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting a VA examination to assess the severity of his service-connected herniated lumbar discs.

The Board finds that the Veteran's lumbar spine disorder is not related to service, and his cervical spine disorder was not caused or aggravated by a service-connected disability. Therefore, both conditions are denied.

The Veteran's lumbar spine disability was found to be at least as disabling as a 20% rating prior to October 26, 2006 and at least as disabling as a 40% rating from December 1, 2006. The claim for increased ratings beyond these levels is denied.

The Board has reopened the Veteran's claim and granted service connection for a back disorder, finding that there is new and material evidence to support his allegation of injury during service.

The Veteran's appeal is remanded due to the need for a new VA examination and additional development of his claims, including for entitlement to a TDIU.

The Veteran's claims for increased disability ratings for his service-connected chronic low back strain with DJD were denied by the Board. The initial rating of 10 percent prior to June 25, 2004, and a subsequent 40 percent rating from that date forward have been found not to be warranted.

The Veteran's claims for service connection have been dismissed due to the death of the appellant.

The Veteran's claim of entitlement to an increased rating for his lumbar strain is being remanded due to the need for additional evidence and consideration by the RO.

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

The Board has determined that the Veteran's current lumbar spine disorder is as likely as not caused by or aggravated by his service-connected left lower extremity disabilities, specifically due to an altered compensatory gait pattern resulting from a prior in-service injury.

The Veteran's low back disability is rated at 20 percent prior to May 4, 2007 and at 40 percent beginning from that date. His irritable bowel syndrome warrants a 10 percent evaluation. The Veteran's bilateral shin splints do not meet the criteria for any compensable evaluation.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board found no evidence of a current low back disorder related to service, and the VA examiner opined that the Veteran's current low back disorder is not directly related to his military service.

The Board has determined that the appellant's low back disability is manifested by severe limitation of motion and grants a 40 percent rating, which is the highest available under the old schedular criteria. The left lower extremity radiculopathy issue remains in appellate status.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The case will be returned to the Board after the hearing.