Back / lumbar spine decisions — 2012

The Board finds that VA properly reduced the Veteran's VA compensation following his incarceration, and therefore denies the appeal.

The Veteran's service-connected disabilities do not render him unemployable on an extraschedular basis, as his combined rating is at least 40% and he has the ability to engage in sedentary employment.

The Board has granted service connection for a back disorder (lumbar spondylosis at L4-5) and a neck disorder (mild neuroforaminal narrowing at C5-6).,Both conditions are considered to be directly related to the Veteran's military service.

The Veteran's degenerative disc disease of the lumbar spine and associated right lower extremity radiculopathy are rated at 40 percent since November 9, 2009.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active service and is not proximately due to his service-connected bilateral knee disabilities.

The Board has determined that the Veteran's cervical spine, lumbar spine, left knee, and right knee disabilities are service-connected.

The Veteran's appeal for increased ratings and TDIU was dismissed as he withdrew his appeal seeking an initial rating in excess of 10 percent for mechanical low back syndrome with degenerative changes of the lumbosacral spine prior to June 27, 2011 and a rating greater than 40 percent from June 27, 2011.

The Veteran's low back disability is rated at 40 percent effective September 22, 2011. The right knee instability and degenerative joint disease are both rated appropriately.

The Veteran's claims for increased ratings for left and right knee disabilities, low back disability, and residuals of a right ankle fracture were denied. The VA determined that the current ratings adequately reflected the severity of the Veteran's conditions.

The Veteran's claims for increased evaluations of his lumbar spine, right hip, and right knee disabilities were denied. The Board found no basis to assign staged ratings as the evidence did not show that a higher rating was warranted for any distinct period(s) of time.

The Board has remanded the case for additional development, including verifying the Veteran's service in NROTC and obtaining SSA disability application records. The claim will be reconsidered based on the new evidence.

The Board has determined that the Veteran's current low back conditions, including osteoarthritis and degenerative facet arthropathy with multilevel central and neural foraminal stenosis, DDD, and degenerative spondylosis secondary to DDD, were incurred during his active duty service.

The Veteran's combined rating is 60 percent, which does not meet the criteria for a total disability rating under 38 C.F.R. § 4.16(a). The VA examiner found that his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, namely bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; lumbosacral strain with degenerative joint and disc disease associated with bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; and radiculopathy, right L 5 associated with lumbosacral strain with degenerative joint and disc disease have been of sufficient severity to produce unemployability throughout the appeal period.

The Board has remanded the case for further development, including obtaining service treatment records and providing medical opinions regarding the onset of the Veteran's cervical spine, lumbar spine, and bilateral leg disabilities.

The Board has determined that the Veteran's claimed conditions are not service connected, as there is no evidence linking them to his active duty service.

The Veteran's claims for service connection for an acquired psychiatric disability and a back disability were denied as new and material evidence had not been submitted to reopen the previously denied claims.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's low back disability is related to service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.