Back / lumbar spine decisions — 2011

The Veteran's claim for a higher rating for his lower back disability, including the left sciatic nerve condition and sleep apnea, was granted. The effective date is not specified.

The Veteran's appeal is remanded for additional development, including a new VA spine examination and an evaluation of her TDIU claim.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity, finding no new and material evidence to reopen her claim for service connection for degenerative disc disease of the lumbar spine. The radiculopathy was not shown in service or for many years thereafter, and is not related to a service-connected disability.

The Veteran's claims of service connection for hepatic disorder, right elbow disorder, lumbar spine disorder, dental disorder, and immune disorder were all granted with a 20% evaluation assigned for each disability effective June 21, 2007.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any currently present low back disability, as well as to evaluate the severity of the Veteran's right foot paresthesia and dysthesia. The Veteran will also be scheduled for an orthopedic/neurologic examination.

The Veteran's appeal is remanded due to the need for a new VA examination of his low back disability and additional VAMC treatment records. The TDIU claim is also inextricably intertwined with the current issue on remand.

The Board has granted service connection for left and right tarsal tunnel syndrome, but denied service connection for bilateral hearing loss. Service connection is also granted for a back disorder, though the Veteran's appeal of this issue was withdrawn during his July 2011 Board hearing.

The Veteran does not have a bilateral ankle disability, endometriosis, headaches, or lumbar spine disability that is the result of disease or injury incurred in or aggravated during active service. The Board finds no evidence to support these claims.

The Board has determined that the Veteran's low back disability is as likely as not aggravated by his service-connected knee disabilities, and thus grants service connection for this condition.

The Board has remanded the case for clarification of the VA examiner's opinion regarding whether the left hip and low back disabilities are proximately due to, the result of, or aggravated by any service-connected orthopedic disability.

The Board has remanded the Veteran's claim for further development to clarify whether his thoracic scoliosis is a developmental defect or disease, and if it is a disease, whether it clearly and unmistakably manifested prior to service. The VA examiner should also provide an opinion on whether the Veteran's current lumbar spine degenerative disc disease is related to military service.

The Veteran's service-connected arthritis with degenerative disc disease of the low back is not rated higher than 10 percent for any period, as there are no findings warranting a higher evaluation under the applicable rating criteria.

The Veteran's degenerative disc disease of the thoracolumbar spine is granted as service-connected. Additionally, she is entitled to a TDIU rating prior to May 8, 2002 due to her respiratory disability.

The Board has reopened the claim of entitlement to service connection for a low back disability and granted it, finding that new evidence supports the claim.,Service connection was also established for a bilateral foot disability.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine had its onset in service and is therefore granted service connection.

The Board has remanded the case for further development, including a VA examination to address whether the Veteran's low back disorder is caused or aggravated by his service-connected right knee disability. The TDIU issue will be deferred until this development is completed.

The Board denied the Veteran's claims for increased initial disability ratings for his service-connected musculoligamentous strain of the right knee and lumbar spine, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied an evaluation higher than the current 40 percent rating for multilevel lumbar disc disease since October 21, 2008.

The Board denied the Veteran's claims for evaluations of his lumbar degenerative arthritis, finding no basis for an evaluation greater than 10 percent during the periods specified.

The Veteran's appeal is being remanded for additional development to locate her service treatment records and obtain private and VA medical records.