Back / lumbar spine decisions — 2012

Throughout the rating period on appeal, the Veteran's lumbosacral spine disability has been manifested by forward flexion of at least 90 degrees and combined range of motion not less than 150 degrees due to pain on motion; no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour; no ankylosis; and no incapacitating episodes. The criteria for an increased evaluation in excess of 10 percent have not been met.

The Board has determined that the VA examinations provided are inadequate for adjudicating the Veteran's claims and has therefore ordered a new examination to determine the etiology of his back and bilateral knee disorders.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent rating, with consideration of his symptoms and functional impairment. The claim for service connection for bilateral numbness of the lower extremities is denied as there is no evidence linking these symptoms to service or any existing condition.

The Veteran's appeal is being remanded for further development due to the need for a new VA compensation examination to reassess his service-connected disabilities and determine their current severity.

The Board found that the Veteran's current mid-back and neck disabilities are not related to his military service, including any injuries sustained during a mine explosion in Vietnam. The preponderance of evidence does not support granting service connection for these conditions.

The Veteran's service-connected disabilities do not preclude gainful employment consistent with his education and occupational experience. Therefore, the claim for a TDIU is denied.

The Veteran is seeking a higher rating for his service-connected thoracolumbar strain with degenerative disease at L5-S1, from May 20, 2010. The case has been remanded to obtain updated treatment records and schedule the Veteran for a VA examination.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for further development due to missing VA treatment records and clarification on the nature of the Veteran's low back disability.

The Board denied service connection for low back disability and denied the claim for increased ratings for PTSD. The Veteran's low back disability was found to be related to his in-service injury, but the initial rating for PTSD did not meet criteria for higher evaluations.

The Veteran's claim for an increased evaluation for his service-connected lumbar spine osteoarthritis, left and right lumbar radiculopathy has been granted. The initial evaluations of 40 percent for the lumbar spine disability and 10 percent each for the associated left and right lumbar radiculopathies are effective February 19, 2003.

The Veteran's appeal for a total disability rating due to individual unemployability (TDIU) is being remanded for additional development, including obtaining his vocational rehabilitation records and Social Security Administration records. He also needs an updated VA examination.

The Board has determined that there is no current evidence of a bilateral hand disability, and thus service connection for this condition cannot be established. The Veteran's lumbar spine disability was noted during his reserve duty but not in active service. An increased rating for the cervical spine disability requires further examination to determine if the current symptoms are related to service.

The Veteran's lumbar spine degenerative disc and joint disease are currently rated at 40 percent since September 8, 2010. The Board finds that the evidence does not support a higher rating due to lack of incapacitating episodes or other factors.

The Veteran's lumbar disc disease and disc herniation L4-5 are rated at 20 percent from February 10, 2006 to January 30, 2007. Service connection for right lower extremity radiculopathy is granted.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service and denied his claim of service connection. The new evidence presented since the January 2005 decision is cumulative and does not relate to an unestablished fact necessary to substantiate the claim.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and remanded the case to obtain additional medical evidence regarding both the lumbar spine disorder and fibromyalgia.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities result in the functional equivalent of loss of use of both lower extremities, which precludes locomotion without the aid of a cane. The Board finds that he qualifies for financial assistance in acquiring specially adapted housing.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and finds that new and material evidence has been submitted. The claim is therefore granted.