Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's current left knee, right knee, and low back disabilities are related to his military service. As such, these claims for service connection have been granted.

The Board has remanded the case due to insufficient medical opinion regarding whether the low back disorder clearly and unmistakably pre-existed service and did not undergo an increase in severity beyond natural progression during service.

The Board has reopened the claims for service connection for a low back disability, shortened right leg, and right hip disability. However, further development is needed as the Veteran's statements about in-service injuries are not considered sufficient to reopen the claims without additional evidence or examination.

The Board found that the Veteran's low back and left foot disabilities were not incurred in or aggravated by active duty, ACDUTRA, or INACDUTRA. The claim for service connection was denied.

The Board has denied the Veteran's increased rating claims for his service-connected lumbar strain and discogenic disk disease of the lumbar spine, left elbow later epicondylitis, and cervical strain and small bulging disk at C6-C7.

The Veteran's service-connected lumbar spine disability, bilateral lower extremity neurologic symptoms, and depressive disorder have prevented him from securing or following a substantially gainful occupation for the time period from September 30, 2002 to July 29, 2008.

The Board has determined that the Veteran's low back disorder is not related to service and cannot be presumed due to exposure. The left knee, migraine headaches, respiratory disorders (including sinus disability, rhinitis, and asthma), and GERD are also not found to be related to service.

The Board has remanded the case for additional evidentiary development due to a change in the Veterans Law Judge who conducted the Veteran's hearing. The Veteran is requested to request a new video-conference hearing before the Board at the RO, and if possible, in San Antonio, Texas.

The Board found that the Veteran's lumbar spine disability was not incurred in service and denied his claims for service connection.

The Veteran's low back strain warrants staged ratings of 10 percent (but no higher) prior March 26, 2007; an increased rating of 20 percent (but no higher) from March 26, 2007, to June 27, 2008; and 40 percent (but no higher) from June 27, 2008.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's low back disability is being reviewed again.

The Board finds that the Veteran's back disability is not attributable to service and arthritis was not shown within the initial post-service year. The claim for service connection is denied.

The Board found that the Veteran's lumbar spine and cervical spine disorders are not related to service, with symptoms first manifesting many years after separation from active duty.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine and osteoarthritis of the left knee were caused or aggravated by his service-connected right ankle and foot strains. As a result, both claims for service connection are granted.

The Veteran's lumbosacral strain has been evaluated at a 10 percent disability rating since the effective date of service connection, and this rating is maintained as it does not meet criteria for an increased rating.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a low back disability. The Veteran's current low back disability is found unrelated to his military service.

The Veteran's service-connected lumbar strain with degenerative disc disease was evaluated at a 20% rating from May 2, 2006 to October 28, 2007. From October 29, 2007 to November 5, 2008, the Veteran's condition met criteria for a 40% evaluation due to forward flexion limited to 30 degrees. Thereafter, from November 6, 2008 to May 21, 2009, the condition did not meet criteria for an increased rating.

The Veteran withdrew his appeal for the issues of increased evaluation for postoperative hemangioblastoma tumor of the brain, service connection for peripheral neuropathy of the upper and lower extremities, hypertension, and whether new and material evidence has been received to reopen a claim for low back disability.

The appellant's claim for an increased evaluation of degenerative disc/joint disease, status post laminectomy with residual scar is denied due to his failure to report for a VA medical examination scheduled in February 2011.

The Veteran's claims for increased evaluations of his left knee, lumbar spine, and right hip disabilities have been denied. The Board found that the evidence did not support higher ratings based on instability or limitation of motion.