Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings for discogenic low back pain and weakness of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's thoracolumbar spinal disability is rated at 40 percent since April 2, 2008. The Board finds that the evidence does not support a higher rating for this condition.

The Board has remanded the case for additional development due to missing service medical records and failure to provide certain heightened measures of assistance.

The Board has granted the appeal with regard to whether the apportionment of the initial rating for the service-connected lumbar spine disability due to post-service injury is proper. The issue of entitlement to a TDIU prior to October 23, 2006 remains before the Board.

The Board denied service connection for low back and right shoulder disorders due to lack of evidence linking these conditions to active duty service. New evidence submitted since the last final denial does not raise a reasonable possibility of substantiating the claims.

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Board has determined that the Veteran's lumbar spondylosis is at least as likely as not incurred in service, and thus grants service connection for this condition. The issue of service connection for PTSD remains pending.

The Board determined that the Veteran's chronic low back disability did not have its onset during active military service and therefore denied her claim for service connection.

The Board denied the Veteran's claims of service connection for right leg weakness, right ear hearing loss, tinnitus, a bilateral foot disorder, a right shoulder disorder, and a right knee disorder. The appeals were remanded by the Court due to issues with the decision.

The Veteran's claims for increased ratings were denied. The low back disability is currently rated at 20 percent, and the left upper extremity neuropathy is rated at 10 percent.

The Board finds that the Veteran's current low back disability did not begin during active service, is not related to any incident of service, and was not manifest as arthritis within one year after discharge from service. As a result, the claim for service connection for low back disability is denied.

The Board denied the Veteran's claim for service connection of a lower back disorder, finding that his current condition is not related to service and was more likely due to post-service obesity.

The Board has reopened the claim for service connection for a low back disorder and, based on new evidence submitted by the Veteran's VA physician, finds that his preexisting condition may have been aggravated during active duty. As such, service connection is granted.

The Veteran's claimed conditions, including pain of the knees, ankles, feet, hands (including fingers), chronic fatigue, upper respiratory symptoms, and headaches, are not service-connected due to lack of evidence showing their onset during active duty or being attributable to a known clinical diagnosis.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any current back and toe disorders. The examiner should also address whether any current toe disability is congenital or hereditary.

The Board is remanding the case for further development of evidence, including obtaining SSA administrative decision and supporting medical records from private sources. The appellant must also provide a new medical authorization form for Dr. J. Kasle.

The Board denied the Veteran's claims for PTSD and a lumbar spine disorder, finding no current diagnosis of either condition. The claim for PTSD was denied due to lack of evidence conforming to DSM-IV criteria. The claim for a lumbar spine disorder is remanded as there is insufficient information in the July 2006 VA examination report.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance due to his left below-the-knee amputation. The Veteran is in receipt of SMC based on anatomical loss of one foot, but he does not require regular aid and assistance.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to determine the etiology of any service-connected disabilities.

The Veteran's service-connected degenerative disc disease at L4-L5 has been rated as 10% since July 1997. The VA examiner found that the disability results in forward flexion of less than 60 degrees, but greater than 30 degrees, without radiculopathy or intervertebral disc syndrome with incapacitating episodes. This meets the criteria for a 20% rating under the General Rating Formula for Diseases and Injuries of the Spine.