Back / lumbar spine decisions — 2012

The Veteran's claims for service connection are being remanded due to the need for a VA examination and additional development of his medical records.

The Board found that the Veteran did not have a back disorder, cervical spine disorder, or hypothyroidism due to service. The evidence showed no in-service injury or disease and no continuity of symptoms since service separation.

The Veteran's initial ratings for his service-connected low back disability and left knee degenerative joint disease have been granted, with the effective date being prior to May 5, 2010. The Veteran is also entitled to a separate compensable rating for neurological manifestations of his low back disability.

The Veteran's appeal is being remanded for additional development, including obtaining copies of SSA records and ensuring all claims are properly addressed.

The Board found that the appellant's claimed disabilities, including right shoulder, left shoulder, right knee, left foot/ankle, low back, gouty arthritis, and chronic sinusitis, were not incurred in or aggravated by his active service. The most probative evidence established that these conditions are not causally related to his military service.

The Board has determined that the Veteran's degenerative changes of the lumbar spine, including herniated discs and post-laminectomy spinal stenosis, were present within one year of his separation from service. Therefore, service connection is granted for these conditions.

The Board has remanded the case for further development and readjudication of the issues on appeal, including the issue of entitlement to a TDIU. The Veteran's claim for an extraschedular rating for lumbosacral strain is also remanded.

The Veteran's claim for an increased rating for DJD of the lumbar spine, status post laminectomy, was denied as his disability did not meet the criteria for a compensable or higher rating prior to November 4, 2011 and in excess of 20 percent thereafter. Service connection claims for bilateral foot, knee, hip, and ankle disabilities were also denied.

The Board denied the Veteran's claims for increased ratings for his thoracolumbar strain, right knee sprain, and left knee sprain. The Veteran's residuals of a fracture of the left ring finger were also not granted an initial compensable rating.

The Board has granted initial ratings of 10 percent for the appellant's service-connected degenerative disc disease of the cervical spine, chondromalacia of the right patellofemoral joint, and chondromalacia of the left patellofemoral joint.,Initial compensable ratings were not assigned for hypertension.

The Veteran's appeal on the issue of a higher rating for his service-connected cervical spine disability has been dismissed. The separate compensable rating claim for neurological residuals is not warranted.

The Veteran's service-connected lumbar spine disability is characterized by forward flexion to 50, 60, 80, and 90 degrees. The claims for residuals of a left ankle fracture, pain and numbness in the bilateral upper extremities, radiculopathy of the bilateral lower extremities, and a bilateral hip disorder are denied.

The Veteran's service-connected low back strain is currently rated as 40 percent disabling, and the Board denied an increased rating. The claims for right and left lower extremity radiculopathy were also denied.

The Board found that the Veteran's lumbar spine DJD and DDD are not proximately due to, caused by, or aggravated by his service-connected left foot disability. The claim for direct service connection was also denied.

The Veteran's service-connected bilateral hip and lumbosacral spine disabilities meet the threshold requirements for a TDIU rating, as they result in a combined disability rating of 70 percent.

The Veteran's claim of entitlement to service connection for a back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's appeal is being remanded for additional development, including obtaining relevant VA treatment records and scheduling the Veteran for a VA spine examination to determine the nature and etiology of any current low back disability. Additionally, the Veteran will be scheduled for a VA PTSD examination.

The Veteran's low back disability has been granted an initial evaluation of 20 percent, effective January 8, 2008. Separate noncompensable evaluations were assigned for radiculopathy of the right and left lower extremities.

The Board has granted service connection for Osgood-Schlatter's Disease, right knee and assigned an effective date of February 2, 2006. The claim for lumbar spine disability is still pending as it was not reopened.

The Board has granted service connection for lumbar spine spondylosis, bilateral sciatica, and an acquired psychiatric disorder. The Veteran's current back disorders are considered to be related to his military service.