Back / lumbar spine decisions — 2012

The Veteran's lumbar spine disability resulted in chronic low back pain, spasms and no more than moderate limitation of motion prior to October 15, 2010. The criteria for an initial rating in excess of 20 percent have not been met.

The Veteran's service-connected disabilities, including coronary artery disease and degenerative disc disease of the lumbar spine, are found to render him unable to secure or follow substantially gainful employment. The case is REMANDED for further examination and consideration.

The Veteran's claims for service connection for cervical and thoracic spine disabilities, as well as degenerative disc disease of the lumbar spine, were previously denied. The Board finds that new and material evidence has not been received to reopen these claims.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's low back and knee disabilities. The claims are now pending for further development.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective October 28, 2010. The increased rating has been granted.

The Veteran's cervical spine degenerative disc disease and lumbar spine osteoarthropathy are currently rated as 10 percent disabling, but do not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran withdrew his appeal of service connection for bilateral hearing loss in August 2010. The remaining issues of service connection for a lumbar spine disorder and a right leg disorder are addressed in the REMAND portion of this decision.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.

The Veteran is entitled to additional vocational rehabilitation services under Chapter 31, Title 38 of the United States Code due to his current occupation being closely related to his Individualized Employment Assistance Plan and necessitating the authorized training.

The Veteran's claim for an increased rating for mechanical low back pain with herniated disc at L3-L5, L6-S1, with nerve root compression was denied as the disability does not meet criteria for a higher rating.,The reduction of the 10 percent rating to noncompensable for left index finger scar with distal interphalangeal joint deformity was upheld.

The Board has decided to remand the case for further development, including obtaining VA and private medical records, SSA records, and a new orthopedic examination. The Veteran's claim of service connection for a lumbosacral spine disability will be reconsidered based on the additional evidence.

The Veteran's spondylolisthesis with degenerative joint disease of the lumbosacral spine with loss of function due to pain is currently rated at 40 percent, and his diabetes mellitus, type 2, is currently rated at 20 percent. Both conditions are not shown to warrant a higher rating under the applicable diagnostic codes.

The Veteran's claim for increased ratings for his service-connected lumbar strain is being remanded due to the need for additional development, including obtaining updated VA treatment records and arranging for a new orthopedic examination.

The Board has determined that the Veteran's service-connected lumbar strain with bilateral facet arthrosis and left disc herniation, as well as his right shoulder rotator cuff strain and tendonitis, do not warrant a rating higher than 10 percent. The evidence does not support additional functional loss or other factors indicating an exceptional disability picture.

The Board has granted a 20 percent rating for the Veteran's right ankle disability with scar, effective from the date of the November 2009 decision.

The Board has remanded the Veteran's claims due to further development of evidence being required. The appeal is not about service connection at all, but rather increased disability ratings for various knee and ankle conditions.

The Veteran's cervical spine, low back, and bilateral shoulder disabilities are not service-connected as they were not incurred or aggravated during his active military service.

The Board has reopened the Veteran's claim of service connection for a low back disability and psychiatric disorder. The new evidence received since the February 1979 rating decision raises a reasonable possibility of substantiating these claims.

The Veteran's low back strain is currently rated as 10 percent prior to August 15, 2011 and 20 percent thereafter. The appeal for higher ratings has been denied.

The Board has reopened the claim of service connection for a lumbar spine disability and remanded it for further development.