Back / lumbar spine decisions — 2012

The Veteran's service-connected degenerative disc disease of the lumbosacral spine has been rated at 20 percent since January 1, 2005, and no higher.

The Veteran's appeal is being remanded for additional development and medical inquiry to determine if a higher evaluation for his service-connected lower back disorder can be granted.

The Board found that the Veteran's right shoulder, cervical spine, and low back disorders are not related to his active service or a service-connected disability. The claims of entitlement to service connection for these conditions were denied.

The Veteran's appeals for increased ratings on the orthopedic manifestation, residuals, shell fragment wounds, spondylolysis, lumbosacral area with laminectomy and levoscoliosis and spurring L4 have been dismissed due to withdrawal of appeal. The service connection claim for an acquired psychiatric disorder has also been dismissed.

The Board has determined that the Veteran did not meet the criteria for service connection for any of the claimed disabilities, including a right knee disability. The effective date for an award of service connection for degenerative joint disease of the right knee is denied.

The Board found that the evidence does not support a finding of an acquired psychiatric disability due to service, and denied the claim. The back and headaches claims are also denied as there is no direct evidence linking these conditions to service.

The Board has denied the Veteran's claims for service connection for various conditions, including a back disorder, left foot disorders, neurological disorders of both upper extremities, and bilateral leg pain. The appeals were not successful as new evidence did not meet the criteria to reopen previously denied claims or establish service connection.

The Board has determined that the Veteran does not meet the requirements for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only due to his service-connected disabilities.

The Board has remanded the case for a videoconference hearing due to the Veteran's request and will return it to the Board after the hearing.

The Veteran's back disability and emphysema were denied service connection as secondary to his PTSD. However, he was granted a higher initial evaluation for PTSD.,He was also granted TDIU based on his service-connected disabilities.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, status post 4th lumbar vertebral fracture is being remanded due to the need for a VA examination and additional development of the record.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining records from his Army Reserve service and considering the applicability of a finality rule.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing at the RO.

The Veteran's service-connected thoracolumbar spine and cervical spine disabilities have been rated based on their current manifestations. The RO has granted initial ratings of 10 percent for each condition, effective from August 6, 1998.

The Board has determined that the Veteran's chronic left shoulder tendonitis with acromioclavicular (AC) joint arthritis is related to his in-service complaints of left shoulder pain, and thus service connection for this condition is granted.

The Board found that the Veteran's low back disorder was not incurred or aggravated by service, including his second period of active duty. The opinion concluded that the pre-existing condition did not worsen during this period.

The Board has remanded the case for further development due to a lack of definitive analysis on the credibility of the Veteran's lay assertions of continuity of symptomatology. The VA examiner is requested to provide another opinion considering all pertinent evidence, including the Veteran's lay statements.

The Veteran's ankle and lumbar disabilities have been granted initial evaluations, with the left ankle disability receiving a 20 percent evaluation from March 30, 1999, to November 17, 1999; a 30 percent evaluation from November 17, 1999, to April 6, 2001; and a 40 percent evaluation from April 6, 2001. The right ankle disability received a 20 percent evaluation from March 30, 1999, to January 11, 2011, and a 30 percent evaluation thereafter. The lumbar disability was granted an initial 40 percent evaluation effective February 4, 2000.

The Veteran's claims for service connection for various conditions, including a disability manifested by temporary memory loss and respiratory disabilities, were denied as there is no evidence of current disabilities or etiological links to his military service.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and radiculopathy of both lower extremities have not met the criteria for higher initial disability evaluations.