Back / lumbar spine decisions — 2011

The Board found that the Veteran's current back disability did not begin during service and is not related to his military service.

The Board has determined that additional development is needed for the Veteran's claims of service connection and her claim for a TDIU. The case will be remanded to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Veteran's representative requested a new VA examination due to the progression of his service-connected traumatic arthritis of the lumbar spine, and the Board agreed. The case is now remanded for further development including obtaining recent treatment records from Malmstrom Air Force Base and scheduling an appropriate VA examination.

The Veteran's PTSD is found to be attributable to service, and the claim for service connection is granted. The right knee and low back disorders are also found to be related to service-connected left knee chondromalacia patella.

The Board has found no evidence of a currently diagnosed bilateral hip disorder, and the Veteran's service treatment records do not show any such condition. The claim for service connection for a bilateral hip disorder is denied.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including lumbar stenosis with herniated disc and radiculitis, bilateral hearing loss, tinnitus, residuals of frostbite to both hands, residuals of frostbite to both feet, and left lower shin dermatitis. The case will be returned to the RO after completion of this development.

The Veteran is in need of regular aid and attendance due to his service-connected conditions, including PTSD with dysthymic disorder, dumping syndrome, and other disabilities. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board has reopened the claim of service connection for residuals of a low back injury and granted the claim, finding that new and material evidence had been submitted. The Veteran's in-service injury is considered to have contributed to his current disability.

The Board has granted service connection for a cervical spine disorder, thoracolumbar spine disorder, and peripheral neuropathy of the left leg. The Veteran's appeal is now complete with regard to these issues.

The Board has remanded the case for further development, including a supplemental opinion from the VA examiner regarding the September 2006 physician's statement and whether the Veteran's neurological symptoms are secondarily related to his service-connected low back disability.

The Veteran's service-connected lower back strain is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Board found no competent evidence linking the Veteran's degenerative changes of the lower thoracic and lumbar spine to his active duty service, thus denying the claim.

The Veteran's service-connected mechanical low back pain with mild scoliosis was not shown to meet the criteria for a higher initial disability rating in excess of 10 percent from November 16, 2005, to January 14, 2011.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disorder was denied. The issue of entitlement to an extra-schedular evaluation prior to October 31, 2005, was also denied.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 29, 2010. His cervical spine disability and radiculopathy of the left lower extremity are both rated at 30 percent, also effective June 29, 2010.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees did not develop as a result of service or any service-connected disability, and thus denied both claims.

The Veteran's service-connected back disability is currently evaluated as 20 percent disabling, and the Board finds that it does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran has withdrawn his appeals for the initial ratings of 20% and 10% for L4-L5, L5-S1 posterior lumbar fusion, osteoarthritis, right knee, and osteoarthritis, left knee. As a result, these claims are dismissed.

The Board has determined that additional development is needed to determine the Veteran's low back disability and its relationship to service. The case will be remanded for further action.