Back / lumbar spine decisions — 2012

The Board found that the Veteran's knee, ankle, elbow, wrist, and back disabilities were not incurred in or aggravated by active service.

The Veteran's DJD of the knees is related to service, but his low back disability and left elbow disability are not.,The VA examiner found that the current DJD of the knees is due in part to service, while the current low back disability and left elbow disability are less likely caused by service.

The Board has remanded the issues of service connection for bilateral knee, hip, and low back disorders due to secondary service connection with a request for additional development.

The case is being remanded for further development, including obtaining SSA records and adjudicating the Veteran's claims of entitlement to an increased rating for his service-connected low back disability and TDIU.

The Board has determined that the Veteran's current low back disability, diagnosed as foraminal stenosis, degeneration of lumbar spine with radiculopathy, and bilateral sacroiliitis, first manifested in service during active duty for training. The Veteran's right shoulder conditions are not found to be related to his service-connected low back condition.

The Veteran's claims for an increased rating for her lumbar spine disability and a TDIU are being remanded due to the need for additional development, including obtaining SSA records and arranging for a VA examination.

The Veteran's service-connected lumbosacral strain and discogenic disease of the lumbar spine have been rated at 40 percent since March 20, 2008. The effective date for this rating is March 20, 2008.

The Veteran withdrew his appeal regarding the claim for a rating in excess of 40 percent for a lumbar disc disease beginning on February 23, 2005.

The Veteran's appeal is being remanded for additional development of his lumbar spine disability and TDIU claim, including obtaining VA and private medical records, scheduling a VA examination, and developing the TDIU issue.

The Veteran's low back disability and sciatica are not service-connected, but his right sacroiliac joint dysfunction is rated at 10%.

The Veteran's low back disability has been rated at 20 percent since March 13, 2000. The claim for TDIU was denied as the Veteran is currently employed and his service-connected disabilities do not meet the minimum percentage requirements.

The Board has determined that there is no evidence linking the Veteran's current low back disorder to his service, and thus denied his claim for service connection.

The Veteran's unauthorized medical expenses incurred on December 18 and 26, 2003 were not reimbursable as the treatment did not meet the criteria for emergency services under the amended version of 38 U.S.C.A. § 1728.

The Veteran's cervical and thoracolumbar spine disability, including degenerative disc disease with radicular symptoms to the upper and lower extremities, was not incurred in or aggravated by service. The Board found that there is no evidence of arthritis within one year of discharge from service.

The Veteran's initial compensable rating for hemorrhoids was denied, but her mechanical low back pain is rated at 10 percent. The Board found the evidence did not support a higher rating for either condition.

The Veteran's service-connected cervical spine disability is rated at 10 percent, and the Board found no basis for a higher evaluation. The claim for TDIU was also denied.

The Board denied service connection for hypertension, a digestive disorder (GERD), and a right foot condition. The low back condition was found to be not aggravated by service.

The Veteran's low back disability has been rated at 60 percent since July 2006, based on incapacitating episodes requiring bed rest. A higher rating is not warranted as there is no evidence of unfavorable ankylosis of the entire spine.

The Board has determined that additional development is needed before the issue of service connection for a low back disorder can be decided on its merits.

The Board has granted the Veteran's claim for service connection for major depressive disorder, finding that it is proximately due to his service-connected low back disability. The remaining claims are being remanded for further development.