Back / lumbar spine decisions — 2012

The Veteran's TDIU was granted effective August 1, 1997 for accrued benefits purposes. The claimant is entitled to DIC under the provisions of 38 U.S.C.A. § 1318.

The Veteran's claim for service connection for a low back condition, which is claimed to be secondary to his service-connected pes planus, has been remanded due to the ambiguity of the medical opinion and the need for additional VA examination.

The Board has remanded the case due to inadequate examination report and a need for further medical opinion regarding service connection for low back disability.

The Veteran's claims for service connection of a right ankle disability and low back disability have been remanded by the Board. The right ankle disability claim has been reopened, but the low back disability claim remains pending.

The Board has determined that service connection for a low back disorder is warranted based on chronicity of symptoms since service and the Veteran's credible statements regarding his in-service injury.

The Board has remanded the Veteran's claims for additional development due to missing VA examination and incomplete medical records. The Veteran is also seeking service connection for a torn deltoid muscle of the left arm, tendonitis of the right shoulder, disc herniation in the lumbosacral spine, and an acquired psychiatric disorder.

The Board has determined that the Veteran's current lumbar spine disability is related to an in-service vehicle accident, and service connection for this condition is granted.

The Veteran's service-connected disabilities, including right wrist disorder, lumbar and cervical spine conditions, and other issues, have been granted. The effective date for the increased ratings is February 2002.

The Board has granted the Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD) and secondary service connection for a low back disability due to his service-connected left ankle disability.

The Veteran's DDD of the lumbosacral spine is currently rated at 20 percent, and the evidence does not show that his symptoms warrant a higher rating.

The Veteran's claim for a higher disability rating for his lumbosacral strain was denied, and the TDIU claim was also denied. The current rating of 40% remains unchanged.

The Board denied service connection for an acquired psychiatric disorder, including depression and PTSD.,Service connection was also denied for hepatitis C and degenerative disc and joint disease of the lumbar spine.

The Veteran's service-connected chronic lumbar strain is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's appeals have been dismissed due to his death before a decision was made by the Board.

The Veteran's disability on appeal has not been manifested by complete paralysis or severe incomplete paralysis with marked muscle atrophy, and therefore the claim for a rating in excess of 40 percent is denied.

The Board has determined that the Veteran's claimed conditions are not related to his military service and therefore, service connection is denied for all issues.

The Board denied service connection for arthritis/degenerative disc disease of the lumbar and cervical spine, as well as a chronic back disability other than arthritis/degenerative disc disease. The Veteran's conditions are found to be not related to his military service.

The Veteran's claim for an earlier effective date for a separate 40 percent disability rating for sciatic radiculopathy of the left lower extremity and left foot associated with degenerative disc disease of the lumbosacral spine was granted, based on his May 2004 VA examination findings.

The Board has granted a 60 percent evaluation for the Veteran's service-connected DDD of the lumbar spine on an extra-schedular basis, finding that his disability picture presents such an exceptional or unusual case as to render impractical the application of the regular schedular standards.

The Veteran's herniated nucleus pulposus of the lumbosacral spine results in mild limitation of motion, with no more than slight neurological impairment and no incapacitating episodes. The disability is currently rated at 10 percent.