Back / lumbar spine decisions — 2012

The Board found that the Veteran's current lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, was not incurred in service or due to an injury during service. The disability is considered unrelated to any event, injury, or illness during service.

The Board has remanded the case for additional development, including scheduling a hearing before a Veterans Law Judge at the RO via videoconference.

The Board has reopened the Veteran's claims for service connection for various disorders due to lead poisoning and is considering whether new evidence supports reopening these claims. The issues of service connection are mixed, with some conditions granted and others not.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, but the weight of medical evidence indicates these conditions do not prevent him from obtaining or retaining substantially gainful employment.

The Board has granted service connection for a right ankle disability, and it is at least as likely as not that the Veteran's current back condition is secondary to his service-connected right ankle disability.

The Board has determined that there is no evidence to suggest that the Veteran's service-connected low back disorders, including her status post L4 laminectomy and partial laminectomy L3 and L4 with lumbar strain, radiculopathy of the left lower extremity, and a residual scar, are not adequately contemplated by the rating schedule. Therefore, an extraschedular evaluation is denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for depression. The Veteran's low back disability was also found to be incurred in active service.

The Veteran's lumbar strain and Meniere's disease were not rated higher than the current assigned ratings, with the lumbar strain receiving a denial of an increased rating prior to December 1, 2011, and the Meniere's disease remaining at a non-compensable level.

The Board has determined that further development is needed to determine the etiology of the Veteran's cervical spine, lumbar spine, and right knee disabilities. The claims are being remanded for a VA examination and additional development.

The Veteran's appeal is being remanded for further development, including new VA examinations to assess the current severity of his service-connected lumbar strain and bilateral inguinal hernia disabilities. The TDIU claim is also inextricably intertwined with the back and hernia claims.

The Veteran's claim for service connection for hypertension, lumbar spine disability, migraine headaches, and left ear hearing loss was received on October 24, 2006, more than one year after his separation from active service. The Board finds that the earliest possible effective date is October 24, 2006.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his depressive disorder or degenerative joint disease of the lumbosacral spine, nor did it meet the criteria for TDIU.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records. The issue of an initial evaluation in excess of 10 percent for lumbar spine disability will be reconsidered based on the updated evidence.

The Board has determined that the Veteran's erectile dysfunction is not a manifestation of his service-connected lumbosacral strain with DDD and thoracic facet dysfunction with DDD, thus denying a separate disability rating for this condition.

The Board has determined that additional development is necessary to fully and fairly consider the appellant's claims, including obtaining retired military medical records and VA treatment records. The appellant will be scheduled for a VA orthopedic examination to assess his thoracolumbar spine disability and right knee disorder.

The Veteran's service-connected L4-L5 degenerative disc disease with arthritis and mechanical back pain, status post laminectomy, was found to be manifested by tenderness to palpation, occasional radiating pain down the lower extremities, and recurring attacks with a history of muscle spasms. Since October 26, 2010, his condition has been characterized primarily by pain and limitation of motion with flexion to as little as 25 degrees. The Veteran's claim for increased ratings was denied.

The Board denied service connection for the low back disorder and denied increased ratings for the right and left knee disabilities. The Veteran's current back disorder is not considered to be related to his active service or a service-connected disability.

The Veteran's appeal was denied for various issues related to his service-connected disabilities, including bilateral hearing loss, hypertension, antral gastritis, and knee and wrist disabilities. The effective dates for the increased ratings were not granted.

The Veteran's claim for an increased rating for his service-connected thoracic and lumbar spine scoliosis with degenerative changes was denied as there is no evidence of ankylosis or incapacitating episodes during the appeal period.

The Board found that a low back disability was not manifested during service or within one year of separation, and currently diagnosed conditions are not shown to be causally related to service.