Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the cervical spine and muscle contraction headaches associated with it are being remanded to obtain additional VA and private treatment records, as well as SSA records.

The Board has granted the extension of a temporary total rating for convalescence from December 1, 2008 through May 31, 2009 following a right foot surgery. The claim for service connection for a low back disorder and reopening of a left foot disorder have also been granted.

The Board denied the Veteran's claims for service connection for a back condition, left knee condition, right knee condition, and an acquired psychiatric disorder. The conditions were found not to be related to his military service.

The Board denied the Veteran's claims for service connection for thoracic spine disorder, lumbar spine disorder, and right shoulder disability. The claim for an increased rating for sciatic nerve paralysis was also denied.

The Veteran's representative filed a motion for revision based on clear and unmistakable error (CUE) in the Board's December 4, 2008 decision. The Board dismissed the motion as no specific errors of law or fact were alleged.

The Board has remanded the case for further development and readjudication due to issues related to service connection for a lumbar spine disorder. The skin disorder claim was previously remanded but is not currently addressed in this decision.

The Veteran's appeal does not involve service connection for a right bicep disability. The Board finds that the evidence does not support a finding of a current right bicep disability.

The Veteran's claims for increased disability ratings were granted, with the effective date being determined based on individual issue determinations.,For chronic lumbar strain with mild facet arthropathy and mild degenerative disc disease, a rating of 20 percent was assigned from September 27, 2010.

The Veteran is seeking to reopen his claim for service connection of lumbar strain. The Board has remanded the case due to incomplete records from the Cincinnati VA Medical Center.

The Board denied a higher rating for the Veteran's low back disability and did not address his claim for TDIU, as it was remanded to consider all service-connected disabilities.

The Board found no evidence of a hearing loss or low back disability in service, and the preponderance of the evidence is against a finding that either condition is related to service. The Veteran's claims for these conditions are therefore denied.

The Board found that the Veteran's low back disorder was not incurred in service and denied his claim for service connection.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the left lower extremity warrants a separate 10 percent rating. The Veteran's right lower extremity radiculopathy does not meet criteria for an increased rating.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder, is found to be etiologically related to his service-connected bilateral pes planus. The low back disability is not currently determined to be directly related to the service-connected bilateral pes planus.

The Board found that the Veteran's low back, psychiatric, right hip, and right knee disabilities are not service connected as secondary to his service-connected residuals of a fractured left medial malleolus.

The Veteran's claim for an increased rating for lumbar spondylosis is dismissed. The Board finds that the Veteran has a current diagnosis of PTSD and it was incurred in or as a result of active duty service.

The Board has determined that the Veteran does not have a chronic right leg disorder to include arthritis that was incurred or aggravated by her active duty service. The VA examination did not find any current right leg disability.

The Veteran's service-connected low back disability is rated at 40 percent, and the Board has granted a temporary total rating for one month following percutaneous disc nucleoplasty. The Veteran also received an examination for his left knee condition and psychiatric disorder.

The Veteran's claim for an increased rating for his degenerative disc disease of the lumbar spine is being remanded due to the need for a hearing and verification of his current address.

The Veteran seeks service connection for a back disability that he claims was caused or aggravated by his service-connected left knee disability. The case is being remanded to obtain updated medical opinions and to schedule the Veteran for VA examinations.