Back / lumbar spine decisions — 2012

The Veteran's thoracolumbar spine disability, rated at 20 percent until July 6, 2010, and now at 40 percent thereafter, has been granted.

The Veteran's service-connected chronic muscular strain, lumbar spine, with disc degeneration and bilateral leg radiculopathies are rated at the maximum schedular evaluations. The Veteran does not meet the criteria for an increased rating.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's low back disorder is not manifested by muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, and the examination findings do not meet the criteria for a higher initial rating.

The Board found that the overpayment of $3,510.53 was properly created due to the Veteran's failure to timely report his return to active duty and denied a waiver of recovery.

The Board has granted service connection for postoperative residuals of a left ankle surgery and cervical strain, finding that these conditions are at least as likely as not incurred in service. The back disability and bilateral foot and right ankle disorders were found to be less likely than not related to service.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disorder was granted, but the current assigned 20 percent evaluation is found to be inadequate. A separate 10 percent rating is granted for radiculopathy of the right lower extremity.

The Board found that the Veteran's back disorder and bilateral lower extremity peripheral neuropathy did not manifest until many years after service, and are not shown to be related to his active duty service.

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

The Veteran's appeal is being remanded to the RO due to scheduling issues for a video-conference hearing. The claims for service connection on various conditions are pending.

The Board has found that additional development is necessary and the case is being remanded to the RO for further action, including scheduling a VA examination.

The Board has determined that the Veteran's lumbar strain is related to his active military service and grants service connection for this condition.

The Board has reopened the Veteran's claim of service connection for a low back disorder and remanded it for further development, including a VA examination to determine the nature and etiology of his current low back disability. The Veteran is also advised that failure to report for a scheduled VA examination without good cause shown may have adverse effects on his claim.

The Board has remanded the case for additional development due to the need for a VA examination and opinion regarding the Veteran's low back disability.

The Veteran's claim for a higher rating for lumbosacral strain was denied as his disability did not meet the criteria for a higher evaluation under the applicable VA rating schedule.

The Board has determined that the Veteran's low back disability and recurrent tension headaches are related to his active duty service.

The Board denied the Veteran's claims for service connection for right knee osteoarthritis and chronic low back disorder, finding that there was no evidence of a chronic condition in service or post-service continuity of symptoms.

The Board denied the Veteran's claims for an increased rating for hypertension and service connection for acquired psychiatric disorder and low back disability, finding that new and material evidence had not been submitted to reopen these claims.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's current low back disorder is aggravated by his service-connected left foot scar.

The Veteran's cervical spine disability and degenerative disc disease of the lumbar spine have been granted service connection, with a current rating of 20 percent for his lumbar spine disability. The radiculopathy of the right lower extremity is rated at 10 percent.