Back / lumbar spine decisions — 2012

The Board has remanded the case for additional development, including obtaining SSA records and private treatment records. The Veteran's depression claim is being reopened as new evidence was submitted. A VA examination is needed to assess the current severity of his low back and left lower extremity radiculopathy disabilities.

The Board has determined that a VA examination is needed to clarify the current diagnosis of the Veteran's low back disability and to determine if it is related to service. The claim will be remanded for this purpose.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's death cause and accrued benefits claims, including obtaining VA treatment records from January 2008 until his death in February 2008, and providing a VA medical opinion regarding whether the service-connected disabilities contributed to his death.

The Veteran's cervical spine disability is found to be related to his military service, and the Board grants service connection for this condition. The thoracic and lumbar spine disabilities are remanded due to inadequate examination reports.

The Veteran's claims for service connection for various musculoskeletal and neurologic disabilities, including hip disability, low back disability, peripheral neuropathy/radiculopathy of the lower extremities, neck disability, bilateral knee disability, cervical radiculopathy, right thumb sprain residuals, left ankle sprain residuals, and dermatitis have been denied. The Veteran's service-connected left ankle disability is not considered to be a proximate cause of these disabilities.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. The Veteran's current low back disorder is found to be related to her service-connected right knee disability, warranting service connection.

The Veteran's claim for an increased rating for his service-connected low back strain is being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for an increased evaluation for degenerative changes of the lumbar spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's low back disability is found to be related to his active service, and he is granted service connection for this condition. The issue of service connection for psychiatric disability other than PTSD remains pending.

The Veteran's claims for service connection and compensation benefits pursuant to the provisions of 38 U.S.C.A. § 1151 are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Veteran's low back disorder is currently rated at 40 percent, and the evidence does not show that he warrants a higher rating based on unfavorable ankylosis or incapacitating episodes. The claim for service connection for sleep apnea was denied.

The Veteran's service-connected thoracic and lumbar spondylosis and lumbosacral degenerative disk disease does not meet the criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's service-connected degenerative spondylosis of the lumbar spine with spondylolisthesis of L4-L5 and mild dextroscoliosis with history of lumbar strain is rated at 10 percent prior to May 28, 2011.,Service connection for a disability rating in excess of 10 percent for service-connected degenerative spondylosis of the lumbar spine with spondylolisthesis of L4-L5 and mild dextroscoliosis with history of lumbar strain prior to May 28, 2011 was denied.,Service connection for a disability rating in excess of 20 percent for service-connected degenerative spondylosis of the lumbar spine with spondylolisthesis of L4-L5 and mild dextroscoliosis with history of lumbar strain on and after May 28, 2011 was granted.,Service connection for a neck disorder (claimed as arthritis of the neck) was denied.,Service connection for a bilateral hand disorder (claimed as arthritis) was denied.

The Board has remanded the case due to insufficient opinions regarding whether the appellant's current low back disability is related to service, specifically a helicopter crash in December 1968. The VA examiner will need to consider the claimant's lay statements and provide an opinion on the likelihood of a connection between the service injury and the current condition.

The Veteran's spinal stenosis due to lumbar disc disease with traumatic arthritis is currently rated at 50 percent, effective from the date of claim. The rating does not meet criteria for a higher evaluation.

The Veteran's cervical disc disease was granted service connection as secondary to his service-connected herniated nucleus pulposus, lumbar spine. However, the increased rating claim for the lumbar spine condition remains denied.

The Veteran's claim for an increased disability rating in excess of 10 percent for lumbosacral strain with degenerative changes is being remanded due to the need for further examination and clarification of his service-connected condition.

The Veteran's appeal is being remanded for further examination and analysis of her service-connected disabilities, including the nature and etiology of her knee, ankle, foot, and lumbar spine disorders.

The Board granted service connection for right index finger fracture residuals and assigned a 10 percent rating. The Veteran's arthritis of the lumbar spine, headaches, and hypertension were all found to be related to his military service.

The Board denied the Veteran's claims for service connection for PTSD, an acquired psychiatric disorder other than PTSD, and a back disability. The Veteran's reported stressors were not verified, and his acquired psychiatric disorders are not etiologically related to his service.