Back / lumbar spine decisions — 2012

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

The Veteran's service-connected low back disability is currently rated at 40 percent effective October 14, 2010. His right wrist disability remains at a 10 percent rating.

The Board has remanded the case due to inadequate VA examination and opinion regarding the Veteran's back disability. The Veteran is seeking service connection for a current back disability, which he claims was caused by an in-service injury during his Navy service.

The Veteran's claim for a rating in excess of 20 percent prior to September 7, 2007 was granted. The claim for extension of the total disability rating for convalescence beyond October 31, 2007 was also granted. However, his TDIU claim remains pending.

The Board denied an initial evaluation higher than 20 percent for the Veteran's service-connected traumatic injuries to the lumbosacral spine, with chronic lumbosacral strain and subsequent multilevel degenerative disc disease.

The Board has remanded the case due to insufficient development and requested an orthopedic surgeon's opinion regarding the Veteran's back and groin disabilities. The appeal will be returned to the Board after further review.

The Board has determined that the Veteran's low back disability is related to her active duty military service and grants service connection for this condition.

The Board found that the Veteran's current back disability was not incurred during service and denied his claim for service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess her service-connected disabilities, including their impact on her employment.

The Veteran's claim for service connection for a back disability and gastrointestinal disability was denied as there is no evidence of current disabilities, and the examiner could not provide an opinion without resorting to speculation.

The Board has determined that the May 1982 rating decision denying service connection for a low back disability was clearly and unmistakably erroneous, warranting its reversal.

The Veteran's claim for increased evaluations for degenerative disc disease of the L5-S1 discs was denied. The Board found that prior to January 31, 2007, a 20 percent evaluation was warranted based on moderate limitation of flexion with no incapacitating episodes or moderate disc disease with recurrent attacks. From January 31, 2007, to July 1, 2009, the Veteran's condition did not meet the criteria for an increased rating as there were no incapacitating episodes and he had limited flexion of the lumbar spine to greater than 60 degrees.

The Board found no evidence of a chronic lumbar or cervical spine disability during service and denied the Veteran's claims for service connection.

The Board has determined that the Veteran's low back disorder, including strain, disc herniation, and stenosis, as well as associated bilateral lower extremity radiculopathy, had causal origins with a May 2001 in-service trauma to the back. Therefore, service connection is granted for these conditions.

The Veteran's appeal is being remanded to the RO for further development and consideration of a TDIU on an extraschedular basis due to his service-connected disabilities.

The Board has dismissed the appeal because the appellant died during the pendency of the appeal.

The Veteran's lumbosacral strain is rated at 20 percent, and his TDIU claim is granted.

The Board found that there is a preponderance of evidence against the Veteran's claim for service connection for a back disability, to include multilevel degenerative disc spondylosis.

The Veteran's claims for higher ratings on his low back disability, right shoulder disability, left ankle disability, and residuals of a right fifth metacarpal fracture were denied. His claim for TDIU was also denied.

The Board has remanded the case for further development, including obtaining medical records and conducting examinations to address the Veteran's claims of service connection for right hand injury residuals and low back disability.