Back / lumbar spine decisions — 2012

The Veteran's claim for an increased rating for his thoracolumbar spine disability was denied, as the evidence did not show unfavorable ankylosis or at least six weeks of incapacitating episodes over the past twelve months. The service connection claim for a cervical spine disability was also denied.

The Veteran's appeal is being remanded to attempt to obtain service treatment records and provide a VA examination. The issues of entitlement to service connection for a lumbar spine disorder and entitlement to total disability rating based on individual unemployability are inextricably intertwined.

The Board has remanded the case due to new evidence submitted by the Veteran's ex-wife and her brother, which must be considered in readjudicating his claims for service connection.

The Veteran's appeal is remanded for further development, including a VA examination to determine if his service-connected ankylosing spondylitis results in loss of use of at least one foot or ankylosis of at least one knee or hip. The claim for increased rating for lumbar spine disorder and the adaptive equipment claim are also being referred due to their interrelated nature.

The Veteran's lumbar spine disability is adequately considered under the schedular criteria and does not represent an exceptional disability picture that would warrant an extraschedular rating.

The Veteran's lumbar spine disability is rated at 40 percent, effective September 24, 2004. The right lower extremity radiculopathy and migraine headaches are each rated at the maximum available evaluations.

The Board found that the Veteran's low back and right knee disorders are not related to service or service-connected conditions, and denied claims for service connection on a secondary basis.

The case is being remanded for additional development, including a VA examination to determine the nature and etiology of the Veteran's low back, left knee, and left ankle disorders.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied because she failed to report for scheduled VA examinations without showing good cause.

The Board denied service connection for right leg discrepancy, finding that the condition pre-existed service and was not aggravated by military service.

The Veteran's lumbar spine DDD with spondylosis and scoliosis is related to service, and the Board has granted entitlement to service connection for this disability.

The Board has remanded the case for additional development, including obtaining SSA records and determining whether further attempts to obtain them would be futile.

The Board denied service connection for a back disability on both direct and secondary bases, finding no evidence of a current disability or a link to service.

The Board denied the Veteran's claim of service connection for a low back disorder due to his failure to report for a scheduled VA examination without good cause.

The Board has determined that the Veteran's claimed disabilities, including residuals of a skeletal injury to include the low back, shoulders and neck, bilateral knee disabilities, and mild symphysis of the pelvis, did not have onset during or as a result of service. The evidence does not establish continuity of symptomatology for these conditions.

The Veteran's appeal is being remanded for further development of the evidence, including obtaining updated medical records and addressing issues related to service connection and increased ratings.

The Board has determined that the Veteran does not have a service-connected back disorder, right ankle disorder, left ankle disorder, or left knee disorder (secondary to his service-connected right knee disability). The claims for these conditions are denied.

The Board has granted service connection for the Veteran's low back disability as secondary to his service-connected bilateral knee disabilities.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if any current lumbar spine disability is caused or aggravated by service. The Veteran's claim remains on appeal.

The Veteran's claim for a rating in excess of 10 percent for lumbar spine degenerative disc disease has been granted, and he is now rated at 40 percent.