Back / lumbar spine decisions — 2011

The Veteran's low back disability, along with other service-connected conditions, has rendered him unable to secure and maintain substantially gainful employment.,The Veteran is entitled to SMC at the housebound rate due to his service-connected disabilities.

The VA denied increased disability evaluations for mechanical low back pain and degenerative disc disease of the cervical spine, as these conditions do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's low back disability was rated at 40 percent since July 14, 2011. The TDIU issue is pending.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by service and denied the claim. The VA examiner concluded that the current degenerative changes of the lumbar spine were not caused by a cold injury sustained during service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for bilateral knee disability and low back disability. The case is therefore REMANDED.

The Veteran's appeal is remanded for further development, including VA examinations to assess the current severity of her lumbar spine degenerative disc disease and right lower extremity radiculopathy.

The Veteran's claims for service connection for ventricular/auricular contractures, and initial ratings greater than 10 percent for degenerative joint disease of the lumbar spine from September 10, 2004 to June 29, 2009, and greater than 20 percent from June 29, 2009 have been denied. The Veteran's claims for initial ratings greater than 10 percent for left hip arthritis and bilateral plantar fasciitis are pending.

The Veteran's claim for service connection for a left knee disorder has been denied as new and material evidence has not been received.,Service connection was established for the residuals of multiple fractures of the left foot, common peroneal neuropathy, cognitive disorder, and scars. The Veteran is seeking secondary service connection for his left footdrop due to his service-connected right knee, low back, and left foot disorders.

The Veteran's claim is being remanded for additional examination and to obtain recent VA outpatient treatment records. The goal is to determine the current severity of his low back disability, including any related conditions such as herniated discs.

The Board denied the claims of service connection for psychiatric, cervical spine, lumbar spine, and bilateral hip disabilities. The appeal is not about service connection at all.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent, and the Board finds that this rating is appropriate given the current functional limitations.

The Board has restored the Veteran's 40 percent rating for his lumbar spine disability, effective March 1, 2008.

The Veteran seeks service connection for a back disability, which he attributes to an in-service injury. The Board finds that a VA examination and opinion should be obtained due to the Veteran's reports of an in-service back injury and continuing back symptoms since service.

The Board has granted the Veteran's claim for service connection for bilateral carpal tunnel syndrome. The claims of entitlement to higher ratings for low back strain and PTSD are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded to obtain updated VA treatment records, neurological and orthopedic examinations, and a request for private physician records. The goal is to ensure an accurate evaluation of the Veteran's service-connected lumbar spine disability.

The Veteran's claims for service connection for back disability and bilateral hearing loss are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development, including obtaining medical records and determining whether his injuries were due to willful misconduct.

The Board has determined that the Veteran's low back, left knee, and cervical spine disorders are related to his active service. The claims for these conditions have been granted.

The Board found that the current low back disability is not attributable to service and denied the claim for service connection.

The Board found that the Veteran's low back disorder did not exist prior to service entrance and thus, it was not incurred in service. The Board also determined that there is no clear and unmistakable evidence of aggravation during service. Therefore, service connection for a low back disorder is denied.