Back / lumbar spine decisions — 2011

The Board has determined that the Veteran should be afforded a VA examination to determine the etiology of his erectile dysfunction and mechanical low back pain, as well as for increased ratings for his cervical spine disability, right knee chondromalacia, left knee chondromalacia, and eczema and folliculitis of the trunk.

The Veteran's low back disability is being remanded for a new examination to assess the severity of his condition, including any bowel or bladder impairment and limitations due to pain. The RO/AMC will also consider whether staged ratings are warranted.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a link between the claimed disabilities and his service-connected conditions, or any other presumptive basis.

The Veteran's claim for service connection for a lumbar spine disability was initially denied in July 2002. New evidence received since then has been found to be material and sufficient to reopen the claim. The Board finds that the Veteran's current lumbar facet arthrosis with degenerative changes is etiologically related to active duty service, thus granting service connection for this condition.

The appeal is being remanded due to the retirement of the Veterans Law Judge who presided over the September 2004 hearing. The Veteran's case will be transferred to the Denver VA Regional Office for a videoconference hearing.

The Veteran's service-connected lumbar spine sprain and arthritis of the cervical spine are currently rated at 40 percent each, but no higher. The Board finds that there is not sufficient evidence to warrant a higher rating for either condition.

The Board has ordered additional development due to incomplete medical opinions and unconfirmed addresses. The Veteran's claims for service connection will be reconsidered based on the new evidence.

The Board has determined that the Veteran's low back strain does not warrant a rating greater than 40 percent, and his right lower extremity neuropathy is rated separately at 10 percent.

The Veteran's appeal is being remanded for further development, including obtaining VA medical records and a vocational assessment. The case will be readjudicated after the additional evidence is obtained.

The Veteran's service connection claims for various conditions, including macules on the tongue, bronchitis, asthma, sinusitis, a heart murmur, hypertension (HTN), right and left carpal tunnel syndromes, bilateral pes planus, low back disability, residuals of salpingo-oophorectomy, and psychiatric disorders have been granted.

The Veteran's degenerative joint disease of the lumbar spine does not meet the criteria for a 20 percent rating under VA's General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's tension headaches do not result in characteristic prostrating attacks averaging once per month over the last several months, thus preventing her from receiving a higher 30 percent rating.

The Board has determined that the Veteran's PFB and low back strain are both service-connected, with no further action required.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating.

The Veteran's claims for increased evaluations and initial evaluations in excess of 10 percent for his service-connected degenerative arthritis of the lumbar spine, peripheral neuropathy of the L5 dermatome (right lower extremity), and peripheral neuropathy of the L5 dermatome (left lower extremity) have been denied. The evidence does not show that any of these conditions meet or approximate the criteria for a higher evaluation under the applicable rating schedule.

The Board has determined that the Veteran's lumbar spine disability is not proximately due to or aggravated by his service-connected right ankle disability, and thus denied the claim for service connection.

The Veteran's degenerative lumbar spine disease at L4-L5 and L5-S1 was initially rated as 10 percent prior to March 16, 2011. From that date, the rating was increased to 20 percent.

The Board has remanded the case for additional development, including scheduling a VA orthopedic examination and obtaining relevant medical records.

The Board denied reopening of the claims for low back, right knee, and left knee disabilities due to lack of new and material evidence.

The Veteran's request for hearings has been addressed, and the case is being remanded due to scheduling issues. Service connection claims are pending.

The Board found that the Veteran's low back disability is not shown to be due to any event or incident of his service, and thus denied the claim for service connection.