Back / lumbar spine decisions — 2012

The Veteran's low back disability is rated at 20 percent, but the Board finds that it does not meet or approximate criteria for a higher rating based on limitation of motion or neurological manifestations.

The Veteran's service-connected disabilities, including intervertebral disc syndrome, lumbosacral spine; residuals of a right shoulder injury; intervertebral disc syndrome, cervical spine; right arm radiculopathy as secondary to cervical spine associated with intervertebral disc syndrome, cervical spine; and headaches, prevent him from securing and maintaining substantially gainful employment.

The Veteran's mild mid upper lumbar degenerative joint disease did not meet the criteria for a higher rating, as his symptoms were within the range considered 'mild' under VA guidelines.

The Board has remanded the case due to the need for additional evidence, including private treatment records from Dr. Terry Horton and Holt-Krock Clinic.

The Veteran's sleep disorder is found to be related to his service-connected low back disability with arthritis. The initial evaluation for the low back disability remains at 10 percent.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for varicose veins in the left lower extremity prior to December 9, 2010 was not granted as his symptoms did not meet the criteria for a higher rating. Since December 9, 2010, he is rated at 40 percent and no further increase is warranted. Service connection was denied for lumbar spine disorder, cervical spine disorder, right hand disorder, left hand disorder, nerve disorders to upper extremities, and eye disorder.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the schedular criteria are adequate to evaluate her conditions, and did not meet the extraschedular criteria.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Board has remanded the case for further development, including obtaining VA and private medical records, scheduling a VA examination, and readjudicating the claim.

The Board has remanded the case for additional development to determine if the Veteran's current low back disability is related to his service, including a reported fall from a truck in March 1965.

The Board has determined that the Veteran's low back disorder, including degenerative disc disease (DDD), did not have its clinical onset in active service and is not otherwise causally connected to active service.

The Veteran seeks service connection for a lower back disorder, to include as secondary to his service-connected bilateral pes planus. The case is being remanded for further development and an opinion regarding the nature and etiology of the Veteran's current back complaints.

The Veteran's claim for service connection for lumbar radiculopathy, to include on a secondary basis, is being remanded due to the need for additional development and examination.

The Board has determined that the Veteran's current diagnosis of chronic lumbar strain with degenerative disc disease and grade 1 degenerative spondylolisthesis L4-L5 is directly related to his active service, resolving all doubt in favor of the Veteran.

The Board has remanded the case for further development, including obtaining medical records and conducting a VA spine examination to determine if the Veteran's low back disability is aggravated by his service-connected left knee disability.

The Veteran's chronic lumbosacral strain was granted a disability evaluation of 40 percent, effective December 8, 2005 to August 13, 2007. The appeal for an increased rating is denied.

The Board found no evidence to support a service connection claim for the low back disorder, concluding that it did not manifest during active duty and is unrelated to service.

The Board found that the Veteran's low back spondylolysis and spondylolisthesis, L5-S1, is a congenital defect that did not acquire any additional disability due to disease or injury superimposed upon such defect during service; any current disorder of the low back is not attributable to service.

The Board has determined that further development is needed for the Veteran's claims of service connection for hypertension, cervical and lumbar spine conditions. The case is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Veteran's claim for a higher rating for his service-connected lumbar spondylosis is being remanded due to the need for additional examination and consideration of new evidence.