Back / lumbar spine decisions — 2012

The Veteran's claims for low back, left shoulder, left knee, and stomach disorders are being remanded due to the need for additional medical examinations and development of his claims.

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

The Veteran's appeal is being remanded to obtain updated VA treatment records and to schedule him for examinations regarding his spine, left hip condition, and service connection claims.

The Board has determined that further development is needed to determine the nature and likely etiology of any current back disability, as well as whether a psychiatric disability is related to service. The claims are being remanded for these purposes.

The Board found no evidence of a current disability of the lumbar spine and denied service connection for this condition.

The Board found no evidence of a chronic low back disorder during service or within one year after service, and there is no probative medical evidence linking the current condition to service. The Veteran's lay assertions regarding continuity of symptomatology were not credible in light of other evidence of record.

The Board has determined that the Veteran's claimed conditions are not related to his service or service-connected disabilities, and thus denied both of his claims for service connection.

The Board has determined that the Veteran's current degenerative changes of the lumbar spine are at least as likely as not aggravated by his service-connected PTSD, and thus grants service connection for this disability.

The Veteran's back disability has not been shown to meet the criteria for a higher rating, as it does not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes that require bed rest and treatment by a physician.

The Board found that the Veteran's current low back disability is not related to his service, and denied service connection for a right eye disability. The psychiatric disability was granted as it is at least as likely as not related to service.

The Board has awarded a 50 percent evaluation for the Veteran's service-connected back disability, which is the highest rating available under the schedular criteria. This decision grants an extraschedular evaluation based on the exceptional or unusual nature of the Veteran's disability picture.

The Veteran's claims for increased ratings for his low back, right knee, and left knee disabilities were denied by the Board of Veterans' Appeals.

The Veteran's lumbar spine disorder is currently rated at 20 percent, but the Board has granted a higher rating of 60 percent based on incapacitating episodes and associated radiculopathy.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board has remanded the case for additional development due to issues related to service connection for a lumbar spine disability and squamous cell carcinoma of the mouth, including exposure to asbestos.

The Veteran's claim for higher ratings for his degenerative disc disease of the lumbar spine was denied across multiple stages, with the RO finding that the disability did not meet or approximate the criteria for a rating in excess of 20 percent prior to May 17, 2010 and from August 1, 2010 to October 4, 2011. For the period after October 5, 2011, the disability did not meet or approximate the criteria for a rating in excess of 40 percent.

The Board has granted service connection for a lumbosacral spine disorder, finding that it is related to an injury sustained during active duty training in the early 1980s.

The Board has remanded the case for further development, including scheduling a Travel Board hearing and clarifying the choice of representative.

The Board denied service connection for bilateral carpal tunnel syndrome and denied increased ratings for peripheral neuropathy of the right and left upper extremities. The Veteran's conditions are currently rated as follows: loss of use of both feet (100%), coronary artery disease (60%), PTSD (50%), arthritis of the lumbar spine (40%), peripheral neuropathy of the right upper extremity (30%), peripheral neuropathy of the left upper extremity (20%), diabetes mellitus, type 2 (20%), compression of the L5 nerve root with numbness in the left foot (10%), and erectile dysfunction (noncompensable).

The Veteran's low back disability was rated at 20 percent prior to October 27, 2008. The left shoulder impingement syndrome was also rated at 20 percent prior to that date.