Back / lumbar spine decisions — 2012

The Board has remanded the case for further development of records and to obtain additional medical opinions regarding the Veteran's claimed conditions.

The Veteran's low back disability with degenerative joint disease was granted a 40 percent evaluation effective April 18, 2007.

The Veteran's appeals for increased evaluations for various service-connected disabilities were denied. The claims for cervical spine, low back strain with arthritis, right shoulder, and left knee conditions have been evaluated under the appropriate diagnostic codes.

The Board denied the Veteran's claims of service connection for a back disorder, migraine headaches, an acquired psychiatric disability (including PTSD), hearing loss, and tinnitus.

The Board has denied the Veteran's claims for service connection for left hip and low back disabilities as secondary to his service-connected post-operative meniscectomy of the left knee with arthritis, finding no evidence that these conditions are related to or aggravated by his service-connected condition.

The Board has determined that the Veteran's low back disorder is etiologically related to his service-connected bilateral knee disabilities, and thus service connection for this condition is granted.

The Board finds that further development is necessary to determine the validity of the Veteran's claimed PTSD stressors and whether he currently has a diagnosis of PTSD. The low back disorder claim must also be remanded for additional development.

The Board has determined that further development is needed, including obtaining Social Security Administration records and VA outpatient treatment records. Additionally, a more comprehensive examination of the Veteran's right leg disability is required.

The Veteran's lumbar strain results in limited flexion, but does not meet the criteria for a higher evaluation. The right and left knee patellofemoral syndromes are each rated as non-compensable due to their mild symptoms without additional limitations. Bilateral mandibular tori result in pain with eating and limited mouth opening, warranting a 10% evaluation.

The Veteran seeks TDIU based on his service-connected disabilities. The case is being remanded for further examination and consideration of the combined effect of all service-connected conditions.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current low back disability is related to an in-service injury and whether arthritis with limitation of motion was shown within one year following separation from service.

The Board has granted service connection for a low back disability as secondary to the Veteran's right knee osteoarthritis. However, the claim for an increased rating for right knee osteoarthritis was denied.

The Veteran's lumbosacral spine disability was rated at 40 percent effective from May 7, 2009.

The Board has determined that the Veteran's treatment at Enloe Medical Center on October 25, 2009 was not for an emergent disability and therefore does not meet the criteria for payment or reimbursement of unauthorized medical expenses.

The Board found no evidence of a back disability during service or for many years after, and the Veteran did not provide credible testimony attributing his current condition to service. The VA examiner opined that it was less likely than not caused by service.

The Veteran's claims of entitlement to service connection for migraines, increased disability ratings for thoracolumbar radiculopathy and degenerative arthritis, and groin pain are being remanded due to the need for additional development.

The Board has remanded the case for additional development due to inadequate examination and opinion regarding service connection for degenerative joint disease of the lumbar spine.

The Veteran's low back disability was initially rated at 10 percent prior to September 14, 2005. It was increased to 20 percent from September 14, 2005 to November 30, 2010 and further increased to 40 percent starting December 1, 2010.

The Board has reopened the claim for service connection for a back disorder and granted it, but did not assign a specific rating or effective date.

The Board is reopening the claim for service connection for a low back disability due to new and material evidence, but remanding it for further development. The claims for left shoulder/upper back disability and additional left wrist disability are also being remanded.