Back / lumbar spine decisions — 2012

The Board has determined that new and material evidence has been received sufficient to reopen the previously denied claim for service connection for a low back disability. The Veteran's current symptoms are related to his active duty service.

The Board found that the Veteran's current diagnosed mechanical low back pain is not due to an event or incident of service, including his exposure to Agent Orange. Continuity of symptomatology has not been demonstrated and arthritis of the lumbosacral spine was not manifest within one year of discharge.

The Veteran is seeking service connection for a low back disorder. The case has been remanded due to the need for additional medical examination and opinion regarding the etiology of his current back disability.

The Veteran's cervical laminectomy/fusion with secondary myelopathy is not manifested by unfavorable ankylosis of the entire spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months, thus preventing him from receiving a higher disability rating.

The Board has granted service connection for a low back disability, but denied service connection for a bilateral hand disability. The Veteran's low back disability is considered to be directly related to her military service.

The Board has reopened the claim of service connection for a back disability and granted it, finding that new evidence submitted since the last final denial supports a relationship to service.

The Veteran's thoracic spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case due to the need for additional VA treatment records and will readjudicate the service connection claim.

The Board has reopened the claim of service connection for a low back disability and determined that it is related to active duty for training, resulting in ankylosis of the lumbar spine. The effective date remains pending as the rating assigned and effective date are not specified.

The Veteran's service-connected degenerative changes, lumbar spine, were granted a 40 percent evaluation effective November 13, 2010. The disability is currently rated as 40 percent disabling.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show moderate incomplete paralysis of the sciatic nerve, which is required for a rating in excess of 20 percent.

The Board has remanded the appeal for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claims for increased ratings of lumbar strain and left knee degenerative joint disease are pending.

The Board denied service connection for hypertension, arthritis of the right hand, arthritis of the left hand, arthritis of the right foot, arthritis of the left foot, and arthritis of the thoracic and lumbosacral spine. The claims were adjudicated based on direct service connection.

The Veteran's claims for increased ratings were granted, with the disability rating for lumbosacral strain being increased to 10 percent and the disability rating for post-operative left elbow exostosis with X-ray evidence of mild reactive changes remaining at 10 percent. The initial disability rating for left (minor) upper extremity ulnar nerve compression was also granted, but it is currently rated as 30 percent disabling.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including another VA examination.

The Board has determined that the Veteran's low back, bilateral shoulder, and neck disabilities are secondary to his service-connected Charcot-Marie-Tooth disease.

The Veteran's initial claims for increased ratings for his service-connected lumbar degenerative disc disease and left leg radicular symptoms were granted, with the lumbar condition receiving a 20 percent rating effective June 14, 2007. The hearing loss claim was not addressed as it was determined to be untimely.

The Veteran has withdrawn his appeal for an increased disability rating for degenerative lumbar spine disease.

The Veteran's appeal has been withdrawn due to the receipt of a signed 'Appeals Satisfaction Notice' acknowledging his awards and requesting withdrawal of all remaining issues on appeal.

The Board has determined that the Veteran's back disability is related to his service-connected left knee disability, and thus grants this claim.