Back / lumbar spine decisions — 2012

The Veteran's claim for service connection of a degenerative disc disease of the lumbar spine is granted. The claims for increased ratings for cervical spine disorder and for sleep apnea are dismissed without prejudice.

The Board denied the Veteran's claims for service connection for a low back disorder, bilateral leg disorder, and erectile dysfunction. The Board found no evidence of chronicity in service or post-service continuity of symptoms for these conditions.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury or low back disorder that began in service and are causally related to active service. As such, the claims for service connection are denied.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective September 16, 2002. The Board found that for the period from September 16, 2002 to September 9, 2009, and for the period from December 1, 2009 onwards, the Veteran's DDD of the lumbar spine is manifested by subjective complaints of muscle spasm and chronic, persistent back pain and pain on motion and use, which produces limitation of thoracolumbar motion from functional loss due to pain. The criteria for an evaluation above 20 percent have not been met.

The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a new VA examination.

The Veteran's chronic muscular strain of the lumbar spine is related to service, and the Board grants entitlement to service connection for this disability.

The Veteran's appeal is being remanded for additional development and due process considerations, including obtaining medical opinions regarding his claims of service connection for renal cell carcinoma, congestive heart failure, and a low back disorder.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for VA examinations to assess his left knee disability, right knee disability, lumbar spine disability, and gastroesophageal reflux disease.

The Board has granted service connection for the Veteran's back disorder, neurological disorder affecting bilateral lower extremities (sciatica), and erectile dysfunction. The conditions are considered secondary to his service-connected residuals of injury to the right leg with arthritis of the right knee.

The Veteran died from cardiopulmonary arrest and squamous cell carcinoma with metastatic disease. The appellant is seeking service connection for the cause of death and DIC benefits, but has not been provided proper VCAA notice regarding previously service-connected disabilities.

The Board has determined that additional development is needed to properly evaluate the Veteran's claims, including for PTSD and his low back disability. The TDIU issue is also part of this appeal.

The Veteran's current low back disability, including degenerative disc disease and arthritis of the lumbar spine with radiculopathy, is considered to have been incurred in service. The Board finds that the evidence is in equipoise regarding whether this condition was caused by an in-service injury during his active duty.

The Board denied the Veteran's claims for service connection for various conditions, including a chronic left leg disability, bilateral hearing loss, chronic neck disability, chronic residuals of a head injury with jaw bone and upper and lower teeth problems, chronic sinusitis, chronic bilateral eye disability, and an initial compensable evaluation for left non-displaced fracture of the distal radius.

The Veteran's service-connected low back disorder, characterized as lumbar paravertebral myositis, continues to manifest with limitation of motion (LOM) of the thoracolumbar spine. There is no showing of ankylosis of the thoracolumbar spine, associated neurological symptomatology, or incapacitating episodes.

The Veteran's appeal is remanded for a new VA examination to assess the current nature and severity of his lumbar spine disability, including any associated neurologic symptoms. Additionally, he is seeking an increased evaluation for this condition and entitlement to TDIU.

The Board has granted the Veteran's claims for service connection and increased evaluations for various disabilities, including PTSD, knee conditions, elbow degenerative joint disease, cervical spine disability, lumbar spine disability, wrist condition/carpal tunnel syndrome, and left elbow disability. The decision also grants service connection for a bilateral arm disability (claimed as bilateral shoulder disability).

The Board has determined that the Veteran's back disorder is not related to his military service and therefore denied his claim.

The Veteran's low back disability was granted service connection with a rating of 20 percent effective March 31, 2008. The left knee disability was also granted service connection with a rating of 10 percent effective the same date.

The Board has determined that the Veteran's low back disorders, including a compression fracture of the L5 vertebra and DDD of the lumbar spine with spondylosis, are attributable to his active military service.

The Board found that the Veteran's additional disability was not caused by VA carelessness, negligence, or lack of proper skill in providing physical therapy. The evidence did not support a finding of fault on VA's part.