Back / lumbar spine decisions — 2012

The Board has determined that the reduction of an evaluation from 40 percent to 20 percent for a cervical spine disability, effective August 1, 2007, was proper. The Veteran's claim for increased ratings prior to and after this date is denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a low back disability. The Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are at least as likely as not incurred in service.

The Veteran's appeal has been dismissed due to his death. No decisions were made on the merits of any claims.

The Veteran's claims for higher ratings for his service-connected spine disabilities and for a TDIU are being remanded due to the need for additional development, including another VA examination.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, and service connection for her psychiatric disorder (anxiety disorder, depression, posttraumatic stress disorder) is granted. The rating for the lumbar spine disability remains unchanged.

The Board has granted service connection for the Veteran's lumbar spine condition, IBS, and status post anal fissure repair. The initial ratings assigned are 10 percent for IBS and noncompensable for status post anal fissure repair.

The Veteran's back disability and numbness in the upper extremities are found to be related to his active service.

The Board denied the Veteran's claims for effective dates prior to April 16, 2001, for the grants of service connection for type II diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.

The Veteran's claim for increased ratings for his low back disability was denied as the evidence did not show that he met the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claim for service connection for a back disorder, finding that her Scheuermann's kyphosis and/or defect of the posterior elements of S1 pre-existed service. The other back disorders were not shown to have been incurred or aggravated during service.

The Board has determined that the Veteran's low back disorder is related to his active duty service and grants service connection for this condition.

The Board has remanded the Veteran's claims due to incomplete information regarding his service dates and missing medical records from October 12, 2001. The Veteran is seeking service connection for injuries sustained during active duty.

The Veteran's muscle tension headaches have been rated as noncompensable prior to January 25, 2012 and rated at 30 percent thereafter. The Board has determined that the criteria for a higher rating of 30 percent are met.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and granted it, finding that new evidence supports the claim and establishing a link between the current condition and in-service injuries.

The Veteran's claims for left knee disorder, headaches, hypertension, and joint pain of the lumbar spine and left shoulder were denied as they are not shown to be related to service or any incident thereof.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to determine the nature and etiology of any right foot disability and whether it is related to service. The examiner should also assess if there are current left foot and/or back disabilities that may be due or aggravated by the right foot disability.

The Veteran's appeal for TDIU prior to January 1, 2007 has been withdrawn by the appellant.

The Board found that the Veteran's right knee and lumbar spine disorders were not incurred in or aggravated by military service, and arthritis may not be presumed to have been incurred in-service.

The Veteran's PTSD was not manifested by symptoms that produced occupational and social impairment with deficiencies in most areas between July 3, 2006 and October 29, 2008. Therefore, an evaluation in excess of 50 percent for PTSD during this period is not warranted.

The Veteran's appeal is being remanded for further development of his service-connected intervertebral disc syndrome (IVDS) of the lumbar spine, including orthopedic and neurologic examinations to determine the nature and extent of his condition.