Back / lumbar spine decisions — 2012

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for further development, including a VA examination.

The Veteran seeks service connection for a back disability, which is already service connected. The VA examiner will be asked to determine if the current back disability is related to or aggravated by the service-connected right shoulder instability (dislocation), left shoulder instability (dislocation), and mechanical neck pain.

The Board found that the Veteran's thoracic and lumbar spine disorders, as well as his cervical spine disorder, were not incurred in or aggravated by service and are not caused or aggravated by a service-connected disability.

The Board found no competent and credible evidence indicating the Veteran's current neck condition is related to his military service, including his service-connected low back disability. Therefore, the claim for service connection was denied.

The Veteran withdrew his appeal regarding the issues of service connection for a respiratory disability due to asbestos exposure, increased evaluations for cervical spine degenerative joint disease and spondylosis, and temporomandibular joint disorder. The claim for an initial evaluation in excess of 10 percent for lumbar spine degenerative disc and joint disease remains.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical facility on September 2, 2009 is being remanded due to discrepancies in the record regarding when the injury occurred and whether a VA facility was feasibly available.

The Board denied the Veteran's claims for service connection for rheumatoid arthritis, low back disability, chronic headache disability, respiratory symptoms, and chronic fatigue, all of which were deemed to be related to undiagnosed illnesses. The evidence did not support these claims.

The Board has reopened the Veteran's claims for service connection for degenerative joint disease of multiple joints, back disability, and PTSD. However, it remains unclear whether these conditions are related to service due to lack of supporting evidence in the record.

The Board has remanded the case due to new evidence submitted by the Veteran and procedural issues, requiring further review of his claims for service connection for lumbar spine and cervical spine disabilities.

The Board found that the Veteran's neck disability was not incurred or aggravated by her active duty military service and denied her claim for service connection.

The Board found that the Veteran's current back disability did not manifest during or as a result of active military service, nor was it permanently aggravated by such service. As such, the claim for service connection for a back disability is denied.

The Veteran's claims for increased ratings were denied. The low back disability was rated as 20% and left leg radiculopathy was rated as 10% prior to June 2, 2011 and 20% from that date. Eczema of both feet remained at a 10% rating.

The Board has granted a 40 percent rating for the Veteran's service-connected discogenic disease of the lumbar spine as of March 22, 2011. The Veteran also received an increased rating to 20 percent for radiculopathy of the right lower extremity effective March 8, 2010.

The Veteran's service-connected low back disorder and non-service connected hemorrhoids do not render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, as determined by the March 2011 Board decision. However, a new VA examination is required to determine if his service-connected disabilities would preclude him from engaging in substantially gainful employment.

The Veteran's cervical spine disability was granted a 20% rating effective October 27, 2009. The sinusitis claim remains unresolved.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by active service. The VA examiner concluded that his current condition is less likely related to service, as it first appeared many years after separation and without any prior history of back problems.

The Board has remanded the case for additional development, including obtaining an addendum to a previous VA examination opinion regarding whether the Veteran's low back disability was aggravated by his service-connected left ankle and/or left soleus muscle disabilities.

The Veteran does not have objective neurologic abnormalities associated with her service-connected lumbar DJD.