Back / lumbar spine decisions — 2012

The Veteran's claim for a higher rating for his service-connected residuals of low back injury is denied as the evidence does not show that his disability warrants a rating in excess of 40 percent. The claim for TDIU is also denied as the Veteran's combined rating and individual unemployability do not meet the criteria for a TDIU rating.

The Veteran's service-connected thoracolumbar spine disability is rated at 40 percent, the highest schedular rating available for ankylosis of the entire thoracolumbar spine.

The Board finds that the Veteran's current low back disorder is not related to his active military service. The evidence does not show a chronic disability during service or continuity of symptomatology after service.

The Veteran's low back disability has been manifested by pain and limitation of motion, but not productive of favorable or unfavorable ankylosis. The current rating does not meet the criteria for a higher rating.

The Board found that the Veteran's low back disability did not manifest during service and is not secondary to his service-connected ulcerative colitis.

The Board has remanded the claims for service connection for the cause of the Veteran's death, DEA under the provisions of 38 U.S.C.A. Chapter 35, and service-connected burial benefits due to inadequate medical opinions regarding whether the Veteran's service-connected disabilities caused or contributed substantially to his death.

The Board has remanded the case for further development, including obtaining service records and scheduling a VA examination to determine if the Veteran's current low back disability is related to his military service. The claim will be readjudicated after this additional development.

The Veteran's service-connected low back disorder has been manifested by complaints of pain with flexion at 80 degrees or more, and no ankylosis, muscle spasm, or guarding severe enough to result in an abnormal gait or spinal contour. The disability is not shown to involve intervertebral disc syndrome (IVDS) or separately ratable neurological manifestations.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease, right knee osteoarthritis, right foot degenerative arthritis, and right hip strain were denied.

The Veteran's claims for increased ratings of his low back disability and secondary service connection for gastrointestinal and sexual dysfunction were denied.

The Veteran's service-connected disabilities, while sufficient to meet the schedular requirements for a TDIU, do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected DDD with herniation of the lumbar spine was rated at 10 percent for the period from August 8, 2006 to March 26, 2007.

The Board has determined that the Veteran's tinnitus, right ankle disorder, low back disorder, right hip disorder, and right leg disorder are all service-connected. The right foot and big toe disorder is not service-connected.

The Board has denied the Veteran's claims of service connection for a back disability and headaches, finding that there is no medical evidence showing these conditions were incurred or aggravated by military service.

The Board has remanded the case for further development due to incomplete medical opinions regarding the Veteran's low back disorder.

The Veteran has withdrawn his appeals on the claims of service connection for residuals of shrapnel wound to the jaw and mouth, low back disability, and increase in rating for bilateral hearing loss disability.

The Board has remanded the case due to issues with scheduling of VA examinations and for further development of evidence.

The Veteran's claim for an increased evaluation of her lumbar spine disability was denied, and she is already receiving a 20 percent rating. Her TDIU claim was also denied as there is no showing that the service-connected condition prevents her from securing and following substantially gainful employment.

The Board has determined that the Veteran's arachnoiditis is related to an injury incurred in service, and thus grants the claim for service connection.

The Veteran's claim for increased ratings for his low back disability was denied. The RO maintained the initial rating of 30 percent prior to March 10, 2010; decreased it to 40 percent from March 10, 2010 through April 27, 2012; and further decreased it to 20 percent thereafter. The effective dates for these changes were not specified.