Back / lumbar spine decisions — 2011

The Board has remanded the case for additional development, including obtaining treatment records from Dr. Ken Morrison and scheduling a VA examination to determine if the Veteran's low back disorder is related to his military service or to his service-connected residuals of a fracture of the left femur.

The Veteran's lumbar disc disease with spondylosis at L5 received an increased rating from 10% to 20% effective June 24, 2008.,The Veteran's bilateral pes planus with plantar fasciitis was granted a higher initial rating of 10%.,The Veteran's residuals of bilateral tympanomastoidectomies with removal of cholesteatomas and prosthetic replacement of auditory auricles were granted a higher initial rating.,The Veteran's residual scar, ganglion cyst removal from right wrist was granted a higher initial rating.,The Veteran's left ear hearing loss received a higher initial rating.

The Veteran's current disability from low back strain is characterized by limited range of motion, but not severe enough to warrant a higher evaluation.

The Veteran's service-connected degenerative disc disease L4-L5 was rated at 10 percent from November 3, 2005 to July 30, 2007 and increased to 20 percent effective August 1, 2006.

The Board has determined that the Veteran's lumbar spine disability was not incurred in service and denied his claim for service connection.

The Board has remanded the case due to the need for additional examinations and development of records, including VA treatment records and Social Security Administration records.

The Board has determined that the Veteran's lumbosacral spine disability resulted from an in-service injury and is therefore service-connected.

The Veteran's service-connected low back disorder is currently rated at 20 percent, effective July 31, 2005. The other claims for increased evaluations have been granted.

The Board has determined that the Veteran's currently diagnosed lumbar and cervical spine disabilities are etiologically related to incidents of his military service, granting his claims for service connection.

The Board denied the Veteran's claims of service connection for diabetes, left eye blindness, and a back disorder due to lack of current diagnoses and insufficient evidence linking these conditions to his military service.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Veteran's post-operative residuals from a November 2008 spinal fusion did not necessitate at least one month of convalescence and have not manifested incompletely healed surgical wounds, required home confinement or nonweight-bearing, or immobilization by cast. Therefore, the criteria for a temporary total disability rating based on surgery necessitating convalescence are not met.

The VA examiner found that the appellant's current low back disability is not related to service, and thus denied his claim for service connection.

The Board has reopened the Veteran's claim and remanded it for further development. The case is now being returned to the RO for readjudication.

The Board has determined that the Veteran's appeals for service connection were not timely filed, and thus these claims are denied.

The Board has determined that the appellant does not have qualifying service for his period of National Guard duty following Hurricane George in October 1998. As a result, he cannot be granted service connection for any disabilities related to this period.

The Veteran's claims for service connection for degenerative disease of the lumbar spine and entitlement to TDIU were denied as his conditions are not related to military service.

The Veteran's low back disability was initially granted with a 10 percent rating from June 1, 2006 to November 8, 2006 for lumbosacral strain and separate ratings of 10 percent each for left and right sciatic neuropathy. Since December 1, 2010, the Veteran's disability has not met the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to address the relationship between his current back and knee disorders and service.

The Veteran's low back disability is currently rated at 40 percent, which includes the L4-L5 disc space narrowing. Separate ratings of 10 percent each are assigned for right and left lower extremity radiculopathy.