Back / lumbar spine decisions — 2012

The Board has granted service connection for a low back disorder, finding that the Veteran's current condition is related to her in-service complaints of recurrent back pain. The issue of an increased rating for GERD remains pending and will be addressed upon further examination.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the low back and also denied his increased rating claims for Haglund's deformity of the bilateral feet. The Veteran was presumed sound at entry into service, but he did not have a current diagnosis of a low back disorder or Haglund's deformity.

The Veteran's cervical spine disability, with consideration of additional functional loss due to flare-ups, more nearly approximates forward flexion of the cervical spine 15 degrees or less. Therefore, a rating of 30 percent is granted for this condition.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and service connection for PTSD. The TDIU claim was remanded due to unclear medical opinions regarding the Veteran's ability to work due to his service-connected disabilities, including lumbosacral strain and pulmonary tuberculosis.

The Board denied service connection for left hip, right hip, and low back disabilities as the evidence did not show a nexus to service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's ear disability, to include otitis media. The Veteran is also scheduled for a VA orthopedic and neurological examinations to assess the severity of his service-connected chronic lumbar strain.

The Board has remanded the case for a new VA examination to determine if the Veteran's lumbar spine disorder is caused or aggravated by her service-connected disabilities, including her left knee and hip disabilities. The claim will be reconsidered based on the new evidence.

The Board has remanded the case due to additional development needed, including obtaining records and providing a VA examination. The claim of service connection for low back disability will be reconsidered based on the new evidence.

The Veteran's service-connected right upper extremity radiculopathy is currently rated at 40 percent, effective from the date of the decision.,Before October 12, 2011, the Veteran's service-connected post-operative degenerative disc disease of the cervical spine was rated at 30 percent. Effective October 12, 2011, it is rated at 40 percent.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not manifest in service or within one year of her separation from service. The VA examiner opined that it was less likely than not related to service.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as a determination of whether his current disability rating should be increased.

The Veteran's appeal for an increased evaluation for lumbosacral strain with degenerative changes was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's claims for service connection for PTSD, depression, urinary tract infections, headaches, left foot and right foot disorders, cervical spine disorder, and thoracolumbar spine disorder were denied. The Board found that the evidence did not support a finding of in-service disease or injury resulting in any of these conditions.

The Veteran's service-connected disabilities combine to a 70 percent rating, which is sufficient for TDIU under the schedular criteria. However, the Board denied referral of his claim for extraschedular consideration due to meeting the threshold disability percentage requirement.

The Board has remanded the case for further development due to incomplete records and other issues.

The Veteran's claim for an increased rating for lumbar radiculopathy of the left lower extremity is denied as it does not meet the criteria for a higher evaluation.

The Veteran's initial rating for a thoracolumbar spine disability was denied, as the evidence did not meet the criteria for a higher than 20 percent rating. The claim for an initial compensable rating for residuals of a right second metatarsal stress fracture was also denied.

The Veteran's service connection claims for cervical and lumbar spine arthritis have been denied as there is no evidence of a direct relationship to service.

The Veteran's claims for service connection for acquired psychiatric disorders, left shoulder injury, neck injury, right knee injury, and left knee injury were denied as there is no evidence of a nexus between the claimed conditions and active military service.

The Board has granted service connection for a lumbar spine disability, characterized as degenerative arthritis and disc disease of the lumbar spine. The Veteran's claims seeking increased ratings for pustular acne and Baker's cysts in the left knee have been dismissed due to withdrawal by the Veteran.