Back / lumbar spine decisions — 2012

The Veteran's degenerative arthritis of the lumbar spine, with history of L5-S1 herniated nucleus pulposus (HNP), is productive of 30 degrees or less of forward flexion and warrants a 40 percent evaluation.

The Veteran's appeal is being remanded to obtain updated VA treatment records, additional FMLA-related records, and a new VA examination. The TDIU issue will be considered in conjunction with the increased rating claims.

The Board has remanded the Veteran's claims for increased rating, service connection, and TDIU due to new evidence received since previous denials. The case will be further developed with additional examinations and a determination on extraschedular ratings.

The Veteran's claims for increased ratings for her back and left knee disabilities were denied. Her right knee disability claim is pending.

The Veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities are being remanded due to the need for additional development, including a VA examination.

The Board has remanded the Veteran's claims for additional development, including a new VA examination to assess his low back disability and an attempt to obtain all relevant medical records. The TDIU claim is also pending.

The Veteran's claim for service connection for a low back condition secondary to his service-connected bilateral knee disabilities is being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with an orthopedic examination.

The Veteran's degenerative disc disease of the cervical spine is currently rated at 20 percent, and a higher rating of 30 percent has been granted.

The Board has determined that the Veteran's claimed neck and back disabilities, as well as a scar on his left hand, are not related to service. The claims for service connection have been denied.

The Board has granted service connection for bilateral tinnitus but denied the Veteran's claim for an effective date prior to December 8, 2009 for a grant of service connection for a lumbar spine disability.

The Veteran's claim for special monthly compensation due to need of regular aid and attendance for his spouse was denied as he does not have a service-connected disability rated at least 30%.

The Board has remanded the case due to incomplete examination and failure to consider certain evidence. The Veteran's claim for service connection is being reviewed again.

The Veteran's service-connected disabilities, including his low back disability, psychiatric disorder, and erectile dysfunction, render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating.

The Veteran's claim for service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral strain was denied. His claim for an increased rating for lumbosacral strain was granted, with a current rating of 20%. The TDIU claim is pending.

The Veteran's claim for an increased rating for his recurrent lumbar strain with degenerative disc disease of the lumbar spine was denied as the evidence did not meet the criteria for a higher disability rating.

The Veteran's service-connected lumbar disc disease with associated radiculopathy is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5242. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or favorable ankylosis.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine has been denied. The Board also found that there is no evidence to support an earlier effective date for the award of service connection for degenerative disc disease of the lumbosacral spine.

The Board has decided to remand the case due to insufficient consideration of the Veteran's contentions regarding continuity of symptomatology and treatment since service. The Veteran is asked to provide or authorize VA to obtain medical records from Dr. Babur, as well as recent VA treatment records.

The Board found no evidence of a low back disorder in service or within one year thereafter, and the Veteran's current condition is not related to his military service. The claim for service connection was denied.

The Board has remanded the case to obtain additional medical records and an addendum opinion from the VA examiner who performed the November 2011 Spine examination. The Veteran's claim for service connection for a low back disability is currently pending.