Back / lumbar spine decisions — 2012

The Board has granted service connection for an acquired psychiatric disorder, a heart condition, and low back and neck disabilities. Service connection was not established for the liver condition or hearing loss.

The Board has determined that the Veteran's back disorder, diagnosed as degenerative disc disease of the lumbar spine and myofascial lumbar syndrome, was caused by or aggravated by his service-connected disabilities. The rating for a left ankle disorder is granted at 40 percent from May 1, 2006 to January 23, 2007.

The Board found that the appellant's preexisting back disorder did not increase in severity during service, and thus denied his claim for service connection.

The Veteran's back disability was not incurred in or aggravated by service, and his polyarthralgia of the lower extremities is currently rated as 10 percent disabling prior to July 21, 2008, but no higher. The claim for a rating in excess of 10 percent from July 21, 2008, is denied.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is found to be the cause or aggravation of his left lower extremity neuropathy, right knee disability, cervical muscle strain, and carpal tunnel syndromes. Service connection for irritable bowel syndrome (IBS) has also been granted as secondary to service-connected disability.

The Board granted a 10 percent evaluation for peripheral neuropathy of each lower extremity, effective July 7, 2011. The claim for PTSD was also granted with an initial 10 percent rating. Service connection for the low back disability is pending and will be addressed in the remand portion.

The Board has reviewed the evidence and found that new and material evidence has not been submitted to reopen the claim for service connection for a low back disorder. The current diagnosis of degenerative joint disease of the lumbar spine was already established at the time of the previous final denial.

The Veteran's appeal for increased evaluations of his right knee and right shoulder disabilities has been dismissed due to the Veteran's request for withdrawal. The Board also notes that a lumbar spine disorder claim is addressed in the REMAND portion of the decision.

The Board found that the Veteran's lumbar spine disability, including L4-L5 degenerative spondylolisthesis and severe stenosis, was not incurred in or aggravated by active service. The arthritis of the lumbar spine is also not presumed due to a lack of evidence within one year post-service.

The Board denied the Veteran's claims for service connection for memory loss, left shoulder disability/arthritis, low back disability, and foot disability due to undiagnosed illness. The disabilities were found not related to service or any presumptive conditions.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine, is at least as likely as not related to his service, specifically chronic episodes of low back strain during active duty. Service connection for this condition is granted.

The Board's decision in November 2006 denied service connection for a back disability on the merits, and the appeal is dismissed as there was no claim properly before the Board.

The Board has remanded the Veteran's claim for additional development due to insufficient opinions regarding his back condition and its relationship to service or service-connected disabilities.

The Board found that the Veteran's lumbar spine disability is not etiologically related to active service and is not shown by competent medical evidence to be etiologically related to a service-connected disability. The claim for secondary service connection was denied.

The Board has determined that further development is needed before the claim for service connection for a back disability can be decided. The Veteran's current lumbar spine degenerative disc disease with associated radiculitis may not have been caused by his active duty service, but additional evidence and an opinion from a VA examiner are required to make this determination.

The Veteran's service-connected disabilities, including his low back pain and left ilium condition, render him unable to secure or follow substantially gainful employment.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional medical examination and development of records.

The Board has determined that the Veteran's lumbar spine disability is as likely the result of his service, and thus grants service connection for a lumbar spine disability.

The Veteran's appeal is being remanded to obtain additional medical records and a VA examination to assess the severity of his low back disability, including any neurological manifestations. The derivative claim for TDIU will also be considered.

The Veteran is granted service connection for PTSD and the claim for secondary service connection for a low back disorder is reopened.