Back / lumbar spine decisions — 2012

The Board found that the Veteran's current low back disorder did not manifest in service or for years thereafter and is not related to his active service, including any in-service back injuries.

The Veteran's claims for increased evaluations for his service-connected lumbar spine disability and associated radiculopathy were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Board has remanded the case for additional development and to schedule a hearing before the Board.

The Veteran's DJD of the lumbosacral spine is currently manifested by subjective complaints and degenerative arthritic changes, but without objective findings of severe muscle spasm or abnormal gait. The Board has determined that a 10 percent rating (the minimum compensable rating) is warranted for this disability.

The Veteran's major depression is found to be related to his service-connected lumbar myositis with L2 and L3 vertebral bodies irregularities, minimal posterior concentric bulging discs L2-3 and L4-5, mild depression of L2-3 superior endplates towards the right, and mild degenerative changes. The Veteran's claim for increased rating for his low back disability is granted.

The Board found no evidence linking the Veteran's current low back disorder and bilateral carpal-tunnel syndrome to his active duty service, resulting in a denial of both claims.

The Veteran's claims for increased ratings for his degenerative intervertebral disc disease of the lumbar spine and right S-1 sensory radiculopathy were denied as they did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that the Veteran's low back disability, specifically Degenerative Disc Disease (DDD), is due to disease or injury incurred in service and grants service connection for this condition.

The Veteran's claims for increased ratings of his lower back disability and depression, as well as his claim for service connection for a cervical spine disability have been denied. The Board also found that the Veteran's insomnia is not a separate condition but rather a symptom of his already service-connected depression.

The Veteran's lumbar spine disability is rated at 20 percent, and his left lower extremity radiculopathy secondary to the lumbar spine disability is rated separately. The claims for service connection for a cervical spine disability and bronchial condition are denied.

The Veteran's appeal is being remanded for additional development to obtain complete service treatment records, conduct VA examinations, and obtain any recent VA treatment records.

The Board has reopened the claim for service connection for an idiopathic seizure disorder and remanded it for further development. The other secondary claims are also being remanded due to their dependency on the reopening of this primary claim.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and records, as well as details regarding the ongoing criminal prosecution of the Veteran.

The Board is remanding the case to confirm the appellant's duty status during his service in August 1955 and to review the claims file for any additional evidence that may be relevant.

The Veteran's low back disorder, characterized by a herniated nucleus pulposus at L5-S1 and excision of cartilage, was found to warrant a 20% rating prior to November 2, 2009, and an increased 20% rating on or after that date. The evidence did not support higher ratings.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran currently suffers from any diagnosed neck and/or back disorder that is etiologically related to his service, and whether it is at least as likely as not (50% probability or greater) that the any currently diagnosed neck and/or back disorder has been caused by the Veteran's service.

The Veteran's appeal is remanded due to outstanding records and the need for additional development, including VA examinations.

The Veteran's spinal stenosis of the lumbar spine is rated at 40 percent, and he also receives separate ratings for right lower extremity radiculopathy (20 percent) and left lower extremity radiculopathy (10 percent).

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