Back / lumbar spine decisions — 2012

The Board has remanded the claims for further development due to incomplete records and need for additional evidence. The Veteran's service connection claims will be reconsidered based on new information.

The Veteran's service connection claims for various left-sided musculoskeletal disorders were denied as the medical evidence did not establish a link between these conditions and his military service.

The Board found that a low back disability was not incurred in or aggravated by active service, may not be presumed to have been incurred during service, and are not proximately due to or aggravated by the service-connected bilateral knee disability.

The Board has remanded the Veteran's claim for an increased initial evaluation for service-connected lumbar degenerative disc disease due to a lack of recent VA examination. Additionally, the Veteran's appeal regarding service connection for bilateral pes planus and bilateral first metatarsophalangeal joint hallux limitus is also being remanded as there was no statement of the case provided.

The Veteran has withdrawn his appeals for service connection for the residuals of a right ankle sprain and for a higher (compensable) initial rating for degenerative joint disease of the thoracic and lumbar spine. The Board does not have jurisdiction to consider these matters.

The Board has granted service connection for a low back disorder. The Veteran's low back disorder is found to be related to his active service, and the claim is granted.

The Veteran's appeal is being remanded for a video conference hearing. Service connection claims and rating issues are pending.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected spondylolisthesis, L5-S1, with degenerative joint disease and degenerative disc disease, lumbosacral spine is being remanded due to the need for additional development.

The Board finds that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's in-service complaints, along with his post-service symptoms, support a finding that his current low back disorder is related to his active duty service.

The Veteran's claim for service connection for a back disability is granted, with the condition being found to be directly related to her active duty service.

The Board denied the Veteran's claims for increased ratings for PTSD and residuals of fractures of the right tibia and fibula, finding that the evidence did not support a higher rating under applicable diagnostic codes.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that no new and material evidence had been received. The issue of special monthly pension based on need for regular aid and attendance was also addressed but the Veteran did not meet the criteria as he required assistance with daily activities due to his physical conditions but was not bedridden or hospitalized.

The Veteran's cervical spine disability has been rated at 10 percent, and his lumbar spine disability has been rated at 20 percent as of November 29, 2010. The Board found that the criteria for higher ratings were not met.

The Veteran's claim to reopen his lumbar spine disability was denied. The right knee sprain with degenerative joint disease prior to May 26, 2010 is rated at 10 percent. A separate 10 percent evaluation for right knee degenerative joint disease prior to May 26, 2010 is granted. Increased ratings for left knee disability are denied. The claim for TDIU is also denied.

The Veteran's cervical sprain and degenerative disc disease of the cervical spine are service-connected. The Veteran is also granted an initial disability rating in excess of 30 percent for conversion disorder, effective July 11, 2008.,For the period prior to June 1, 2011, the Veteran's migraine headaches and left knee tendonitis with scar are each rated at 50 percent. The Veteran is also granted a TDIU.

The Board has denied the Veteran's claim for service connection for a back disorder, finding that there is no direct evidence linking his current condition to his military service. The medical opinion provided dissociated any link between the in-service strain and the current lumbosacral spine disorder.

The Board has determined that the Veteran's current back disorder is aggravated by her service-connected left ankle disorder, and therefore grants service connection for this condition as secondary to her left ankle disorder.

The Veteran's temporary total evaluation based on convalescence from May 2003 lumbar spine injections is denied as she did not require at least a one-month period of convalescence following the procedure.

The Veteran's appeal is remanded due to the need for additional medical examination and treatment records. The case will be returned to the Board after these are obtained.

The Board has remanded the Veteran's claims for additional development and consideration, including obtaining a medical opinion on whether her non-service-connected back disability is aggravated by her service-connected disabilities. The TDIU claim was also raised due to changes in employment status.