Back / lumbar spine decisions — 2011

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. The bilateral leg disabilities are not service-connected.

The Board has denied the Veteran's claims for service connection for residuals of a head injury, claimed as dizziness; anxiety disorder; and missing toenail on the left foot. The claim for service connection for a back disorder was reopened but remains denied.

The Board has determined that a new examination is necessary due to the Veteran's assertion of worsening symptoms and the fact that the last VA examination was conducted in 2007. Additionally, private treatment records are needed.

The Board has determined that the Veteran does not have a current diagnosis of headaches other than those associated with allergic rhinitis and episodic sinusitis. Therefore, service connection for this issue is denied.

The RO reduced the Veteran's disability rating from 60 to 40 percent for his service-connected herniated disc with intervertebral disc syndrome and degenerative joint disease of the thoracolumbar spine with left lower extremity radiculopathy, effective June 1, 2007. The reduction was proper as there was no evidence that the criteria for a 60 percent rating were met.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher schedular ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from November 30, 2005 to November 14, 2007 or January 1, 2008 to February 22, 2009. The Veteran's claim for left S1 sensory radulopathy was also denied.

The Veteran's migraines have been rated at the maximum schedular rating of 50 percent, effective from the date service connection was established.,Service connection has been granted for a lumbar spine disability. The Board finds that the current disability is related to an in-service injury.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back disability, including whether it is at least as likely as not caused or aggravated by the service-connected status post resection of benign osteoid osteoma of the left tibia. The Veteran's claim for service connection will be remanded for this purpose.

The Veteran's claim for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine is being remanded due to the need for additional development, including obtaining updated VA treatment records and private medical records.

The Board denied the Veteran's claims for service connection for hypertension on a direct basis and for increased evaluations of her lumbar spine disability and left leg radiculopathy. The evidence did not establish that hypertension was incurred in or aggravated by active service, nor could it be presumed due to its onset within one year after discharge.

The Veteran's lumbar spine disability does not meet the criteria for a higher rating than 10 percent under the applicable VA rating schedule.

The Board has found that the Veteran's current low back disorder is related to his active duty service and granted service connection for lumbosacral strain. The claim for chronic migraine headaches remains pending.

The Board has determined that the Veteran's current right knee and thoracolumbar spine disabilities are proximately due to or the result of his service-connected left knee disability, and thus grants service connection for these conditions.

The Board has reopened the Veteran's claim for service connection for a lower back disorder and granted service connection for L5 radiculopathy to the left lower extremity. The Veteran's current lower back disability is found to be related to his active duty service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is causally and etiologically related to his active duty military service, granting his claim for service connection.

The Veteran's claim for hypertension was reopened and granted. For the period prior to December 7, 2009, he is entitled to a rating of 10 percent for degenerative disc disease of the lumbar spine. From December 7, 2009, his disability warrants a 20 percent rating. His neurological impairment of the lower extremities also meets criteria for separate 10 percent ratings.

The Board has remanded the Veteran's claims for DDD of the lumbar spine, right knee osteoarthritis, and mood disorder due to new evidence submitted since the last final denial. The claims are being reviewed de novo.

The Veteran's low back disability, which was previously rated at 60 percent, is now restored to that rating effective February 1, 2007. The claim for a higher rating remains within the scope of appeal.

The Board has determined that the Veteran's current low back disorder was not incurred in or aggravated by active military service and is therefore denied.