Back / lumbar spine decisions — 2012

The Board denied the Veteran's claims of service connection for skin, lumbar spine, bilateral ankle, and bilateral knee disabilities. The appeal is not about service connection at all.

The Veteran's right shoulder disability was rated at 20 percent from June 16, 2006 to January 4, 2010. Since then, the rating has been denied.,For his lumbar spine disability, a 10 percent rating has been assigned throughout the appeal period.

The Board has determined that the Veteran's back, umbilical hernia and right knee disabilities are related to his in-service accident. The right hip disability is not established.

The Veteran's claim for TDIU on an extraschedular basis has been remanded due to the need for additional development, including a VA examination and opinion regarding the impact of his service-connected disabilities and prescribed medications on his employability.

The Veteran's claims for increased ratings on the lumbar spine and lower extremity radiculopathy were denied. The Veteran was granted a 60 percent rating for intervertebral disc syndrome with degenerative disc disease of the lumbar spine effective April 11, 2012.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, and lumbar strain, is related to his service. The condition had its onset during active duty.

The Board found no evidence of a low back or right knee disability that was incurred in service, and the VA examinations did not establish a direct relationship between any current disabilities and military service.

The Veteran's claims for increased ratings were denied. The left knee disability was not rated in excess of 20 percent, the back disability prior to April 27, 2006 was rated at 10 percent, and after that date it did not warrant a higher rating. The foot disorders, scar from little finger laceration, and skin disability were all denied.

The Veteran's claims for service connection for hearing loss and lumbar strain are being remanded due to the need to obtain additional active duty service treatment records. The VA examiners will provide updated medical opinions based on these records.

The Veteran's radiculopathy of the left lower extremity is found to be proximately due to his service-connected low back disability, and thus granted service connection.

The Veteran's claims for service connection for low back disorder and leg pain are being remanded due to the need for additional medical opinions regarding the relationship between his current conditions and his military service.

The Board has determined that the Veteran's left knee, right knee, and lumbar spine disabilities are not service-connected as they did not manifest during or within one year after service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's ankylosing spondylitis of the lumbar spine with degenerative arthritis is currently rated at 40 percent, which nearly approximates the criteria for a higher rating.

The Veteran's claims for increased ratings of his service-connected conditions and a higher rating for PTSD are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran is seeking to reopen his claim for service connection of a lumbar spine disability, which was previously denied in 2008. The Board has determined that additional development is needed before the issue can be decided.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his current level of disability, as he testified that his service-connected lumbar spine disability has worsened since his last examination.

The Veteran's tuberculosis is not manifested by FEV-1 of less than 71 percent of predicted, the ratio of FEV-1/FVC is not less than 71 percent predicted, and DLCO (SB) is not less than 66 percent predicted. Therefore, his claim for an initial rating in excess of 10 percent for tuberculosis has been denied.

The Board denied service connection for various conditions, including right elbow disability, pharyngitis, low back disability, left shoulder disability, and right knee disability. The Veteran's claims for hypertension (secondary to sleep apnea), right foot disorder, and bowel and bladder impairment were also denied.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease L3-4, L4-5, and L5-S1 was denied as the evidence did not show that his disability warranted a rating higher than 10 percent.

The Veteran's lumbar myositis was not granted an increased rating, and the issue of TDIU remains pending.