Back / lumbar spine decisions — 2012

The Board found that the Veteran's current low back disability is not etiologically related to service and denied his claim.

The Veteran's back disability has been rated at 40 percent since July 2004, but the Board found that his condition does not warrant a higher rating based on current evidence of record.

The Veteran's service-connected lumbar sprain with secondary myositis and degenerative disc disease L5-S1 is currently rated at 40 percent, but the claim for an increased rating remains pending. The Veteran has also been granted service connection for a depressive disorder that is aggravated by his service-connected disabilities. However, the issue of entitlement to TDIU due to these combined conditions remains unresolved.

The Board has reopened the claims for service connection for moya-moya disease, headaches, neck disability, low back disability, and residuals of a head injury. The Veteran's moya-moya disease is found to have had its onset in active service.

The Veteran's back disability was found to not meet the criteria for a higher evaluation prior to February 3, 2009 and from February 3, 2009 forward. The Board denied an increased rating based on lack of evidence of incapacitating episodes or additional loss of function due to pain.

The Veteran's claim for a TDIU is being remanded due to the need for additional VA examination and evidence. The Board will consider whether his service-connected disabilities, specifically his lumbar spine disability and acquired psychiatric disorder, preclude him from engaging in substantially gainful employment.

The Board finds that the Veteran's muscle spasms and low back pain are not caused or aggravated by his service-connected anxiety disorder, and are more likely related to physical conditions such as leg length discrepancy and degenerative changes of the lumbar spine.

The Board has determined that the Veteran's low back disability is as likely as not partly attributable to his active duty service, and hypertension was found to be at least as likely as not caused by a work-related injury in 1993. Service connection for both conditions is granted.

The Board has ordered a VA examination to determine the nature and etiology of the Veteran's low back disability, including whether it is related to service or aggravated by congenital defects.

The Board has remanded the case for further development due to new evidence and argument submitted by the Veteran.

The Board has determined that the Veteran's low back disorder is caused by his service-connected right knee disability and grants service connection for this condition.

The Board found that the Veteran's current lower back disability did not begin during or as a result of his military service and denied his claim for service connection.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including periodontal disease and various spine conditions. The case is being remanded for additional development of evidence.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, left leg radiculopathy, and right knee disability as secondary to a lumbar spine disability. The cervical spine claim was also denied.

The Veteran's claims for increased rating and TDIU are being remanded due to inadequate VA examinations, need for additional development of records, and the apparent claim for TDIU.

The Veteran's claim for an increased evaluation of his mechanical low back pain is being remanded due to the inadequacy of a previous VA examination and the need for additional development, including obtaining treatment records and scheduling a new VA examination.

The Board found that the Veteran's current low back disorder did not have its onset during active military service, was not shown to be chronic in service, and is not otherwise causally related to his period of active service. The Board also determined that the Veteran's low back disorder is not proximately due to or aggravated by a service-connected disability.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support a higher evaluation for his left knee disability, as it was not manifested by ankylosis or impairment of the elbow resulting in limitation of pronation or bone fusion. For his major depressive disorder, he did not meet the criteria for total social impairment.

The Veteran's service-connected intervertebral disc syndrome with degenerative disc disease, lumbar spine and radiculopathy of the right and left lower extremities have been rated based on their severity. The current ratings are in line with the evidence provided.

The Board found that the cause of death, anoxic brain injury due to hypotension and bradycardia, was not caused or contributed substantially or materially by any service-connected disability. The Veteran's service-connected PTSD, lumbosacral spine disability, tinnitus, hypertension, and bilateral hearing loss were deemed insufficient to contribute to his death.