Back / lumbar spine decisions — 2012

The Board found that the Veteran's low back disorder is not etiologically related to service, and thus denied her claim for service connection.

The Board has remanded the claims for service connection for bilateral knee and low back disorders to comply with previous remand directives. The Veteran seeks secondary service connection for these conditions based on his service-connected left foot disability.

The Veteran's low back disability and sciatica of the right lower extremity are rated at 10 percent prior to March 29, 2010, and at 40 percent thereafter. A separate 10 percent rating is assigned for neurological impairment of the left lower extremity.

The Veteran's lumbar spine disability is currently rated at 20 percent effective December 21, 2005. His right and left knee disabilities are each rated at 10 percent.

The Veteran's claim for an evaluation in excess of 20 percent for lumbosacral strain, status post laminectomies was denied. The evidence did not show forward thoracolumbar flexion to less than 31 degrees or favorable ankylosis.

The Board has granted service connection for the Veteran's claimed low back, right knee, and left knee disabilities based on continuity of symptomatology since service.

The Board has determined that the Veteran's acquired psychiatric disorder, including paranoid schizophrenia, is related to an injury during INACDUTRA. The low back disorder was not present in service or for many years thereafter and is not etiologically related to service or a service-connected disability.

The Veteran's back and left knee disabilities are being remanded for further development to determine if they are secondary to his service-connected right knee disability.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for left elbow, low back, and left shoulder disabilities. As such, these claims remain denied.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current severity of his service-connected low back disability and obtaining any outstanding medical records. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Board has granted service connection for asthma, finding that the Veteran's current condition is at least as likely as not related to his active military service. The other conditions were either not shown to be present during service or are not considered disabling.

The case is being remanded due to incomplete VA medical records. The Veteran's claims for service connection and new and material evidence will be reconsidered after the additional records are obtained.

The Board has granted service connection for a bilateral hearing loss disability. The low back disability claim is remanded due to the need for further development.

The Veteran's appeal is remanded for additional development, including an updated VA examination to assess the severity of his service-connected patellofemoral syndrome of the bilateral knees and chronic lumbar sprain with minimal scoliosis.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal for higher ratings on multiple conditions, including lumbar sprain and migraine headaches, was denied. The Veteran's lumbar sprain is currently rated at 10 percent.

The Board has reopened the claim for service connection for lumbar radiculopathy involving the left lower extremity and granted service connection based on continuity of symptomatology since service.

The Board has determined that the Veteran's low back disability, including low back strain, arthritis, degenerative disc disease, and radiculopathy claimed as bilateral leg numbness, is related to his active service and is granted.

The Board has ordered a supplemental opinion from Dr. C.L.S. to clarify whether the Veteran's COPD was caused or aggravated by service-connected disability, and if so, whether it contributed to his death.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, and his claim for an increased rating has been granted. Service connection for Parkinson's disease has also been established based on presumed exposure to Agent Orange in Vietnam. The Veteran is entitled to SMC based on need for aid and attendance.