Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The current rating of 20% for his service-connected DDD disability remains unchanged.

The Board has determined that additional development is needed to determine if the Veteran's current low back disorder is related to an inservice injury. The case is therefore REMANDED for such development.

The Veteran seeks service connection for a low back disorder, including lumbar myositis and herniated discs. The Board has determined that the current examination report is insufficient as it was based on an inaccurate factual premise regarding the diagnosis date and injury occurrence.

The Veteran's appeal was denied for various conditions and claims, including those related to his knee replacements, ankle disorders, carotid stenosis, and right leg wounds. The appeals were addressed in the context of rating decisions and effective dates.

The Board denied service connection for low back disability in July 2011, but the Court granted a joint motion for remand and ordered further proceedings.

The Board has ordered a remand to obtain an adequate examination and medical opinions regarding the Veteran's back disorder. The Veteran is seeking service connection for his current back disorder, which he claims pre-existed service.

The Veteran's right and left foot disabilities are rated based on their service-connected nature, with no separate ratings for each condition as they are part of the same disability.,The Veteran is not granted a higher rating for his right or left foot disabilities.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to insufficient reasons and bases provided by the Board. The case will be referred back for further action, including obtaining an examination to determine if there is any neurologic disability related to his service-connected condition.

The Board denied the Veteran's claims for increased rating and service connection, finding no new and material evidence to reopen his low back injury claim. The psychiatric disability claim was also denied on the merits.

The Veteran's appeal is remanded for additional development to obtain private medical records and a VA examination. The issues of service connection, evaluation, and TDIU are inextricably intertwined.

The Veteran's diabetes mellitus, allergies, hypertension, scar (upper back), right ear hearing loss, and migraine headaches are all rated at the maximum allowed under their respective diagnostic codes. The Board has not found any additional service-connected conditions or issues on appeal.

The Veteran's lumbar spine disability, including degenerative disc disease and strain status-post diskectomy, is currently rated at 40 percent. The Board finds that the evidence does not support a higher rating.

The Board has determined that new and material evidence was not received to reopen the Veteran's claim for service connection of a back disorder. The claims for right and left knee disorders remain pending as their disposition is currently unknown.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for the requested higher disability ratings or service connection.

The Veteran's claim for an extension of a temporary total disability rating from October 1, 2007 to October 31, 2007 is denied as the evidence does not show postoperative residuals such as incompletely healed wounds or immobilization by cast.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for a higher evaluation for his service-connected lumbosacral strain with arthritis is being remanded due to the submission of additional medical evidence and the need for further examination.

The Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbar spine, right hip, and right knee were granted initial ratings of 10 percent effective May 10, 2004. Effective October 27, 2011, a rating of 20 percent was assigned for the Veteran's service-connected low back disorder.

The Veteran's cervical spine disorder is rated at 10 percent prior to September 26, 2003 and at 20 percent from that date. The lumbar spine disorder remains rated at 10 percent.

The Board has remanded the case for further development, including obtaining specific dates of active service, ACDUTRA and INACDUTRA from 1974 to 1996. Additional VA treatment records are also requested.