Back / lumbar spine decisions — 2012

The Board has ordered a remand to obtain an adequate medical opinion regarding the Veteran's spine injuries and their relationship to service. The case is being returned for further development.

The Board has determined that additional VA opinions are necessary to address the etiology of the Veteran's claimed respiratory and back disorders, as well as obtain all relevant treatment records from the Sioux Falls VA Medical Center.

The Veteran's service-connected disabilities alone are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, including treatment from the Biloxi VAMC. The case will be reconsidered based on all evidence.

The Veteran's service-connected osteoarthritis of the lumbar spine, residuals of fracture of the right fifth metatarsal, and hypertension are currently rated at 10 percent each. The Board finds that these ratings are not higher based on the evidence provided.

The Board has remanded the case to allow the Veteran to have a Travel Board or videoconference hearing, and no further action is required until notified.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the schedular criteria for a rating in excess of 20 percent for lumbosacral strain at any time during the appeal period.

The Board found no evidence of a low back disability incurred or aggravated by service, and determined that the Veteran's current spina bifida occulta is not related to his military service.

The Veteran's claims for increased ratings and service connection were denied. The initial rating assigned for postoperative residuals of a lateral collateral ligament tear of the right knee with DJD was found to be appropriate, but his secondary service connection claims were not supported by the evidence.

The Board has remanded the claims for additional development and adjudicative action due to insufficient medical opinions regarding the etiology of the Veteran's knee and back disabilities.

The Veteran's left leg disability, including degenerative joint disease of the left knee with embedded shrapnel and scars, was granted service connection. However, a rating in excess of 10 percent for limitation of flexion is not warranted prior to July 23, 2009, while a separate 10 percent rating is warranted since October 1, 2009, for limitation of extension.

The Veteran's claim for higher ratings for his service-connected lumbar spine disability was denied. The initial rating of 20 percent prior to March 25, 2009, and the increased rating to 40 percent thereafter were both denied.

The Veteran's intervertebral disc syndrome is manifested by incapacitating episodes having a total duration of six weeks or more within the past 12 months, warranting a 60 percent rating.

The Veteran's appeal is remanded for a medical examination to determine the current impact of his service-connected disabilities on his employability. Additional relevant medical records, including VA and Travis Air Force Base records, are also requested.

The Board denied service connection for a cervical spine disability, finding that there was no evidence linking the condition to active service or a service-connected knee disability. The Veteran's lumbar spine disability claim remains pending as new and material evidence has not been presented.

The Board has denied service connection for a low back disability, an acquired respiratory disability (blastomycosis), and an acquired psychiatric disability (PTSD) as the evidence does not support a finding of in-service injury or disease that could lead to these conditions.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board found that the Veteran's lumbar strain does not warrant a rating in excess of 20 percent, as her forward flexion is no worse than 60 degrees and there is no evidence of favorable ankylosis. A separate 10 percent rating was assigned for mild incomplete paralysis of the sciatic nerve associated with the back.