Back / lumbar spine decisions — 2012

The Veteran's claim for a higher evaluation of her lumbar strain with degenerative disc disease at L5-S1 (claimed as lower back pain possible coccyx crack) is granted, but the current rating of 20% remains unchanged.

The Board found no evidence of a chronic low back disability in service and denied the Veteran's claim for service connection.

The Veteran's low back disability was found to have been manifested by slight limitation of motion from April 1, 2004, through December 7, 2004. From February 1, 2005, the disability is manifested by severe limitation of motion without ankylosis or incapacitating episodes.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, thus his claim for TDIU is denied.

The Veteran's radiculopathy of both lower extremities is found to be related to his service-connected degenerative disc disease, which had its onset in service. Service connection is granted.

The Veteran is granted an initial evaluation of 20 percent for degenerative disc disease of the cervical spine with history of left trapezius strain, effective from December 20, 2004.,A separate 10 percent rating is granted for radiculopathy of the left upper extremity, effective from February 8, 2010. A separate 10 percent rating is also granted for radiculopathy of the right lower extremity and left lower extremity, both effective from November 2, 2008.

The Board finds that the Veteran does not have a cervical spine disorder, presently manifested by DDD, due to disease or injury that was incurred in or aggravated by active service.

The Veteran's lumbar spine disability is found to have been incurred during military service, and the Board grants service connection for this condition.

The Board has remanded the case for additional development due to inadequate statements of reasons or bases and failure to satisfy duty to assist. The Veteran's claims for service connection are being reviewed again.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records from VA facilities in Monterey, California and Houston, Texas. The initial compensable ratings for irritable bowel syndrome and bulimia nervosa remain denied.

The Board denied the Veteran's claims for increased evaluations for her service-connected lumbar strain, right knee, and left knee disabilities. The evidence did not show ankylosis of the thoracolumbar spine or incapacitating episodes requiring bedrest prescribed by a provider during the pendency of this appeal.

The Board denied service connection for thoracolumbar scoliosis with sacralization, L5. The claim for shortening of the right lower extremity was withdrawn by the Veteran. Service connection for PTSD was not established due to lack of verified in-service stressor.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Board determined that the reduction of the evaluation for service-connected degenerative disc disease of the lumbar spine from 40 percent to 20 percent was improper due to lack of sustained material improvement in the Veteran's disability.

The Board has granted service connection for a low back disability and is remanding the claims for bilateral hip disabilities and right leg disabilities to provide additional development.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the Veteran's claimed disabilities and their relationship to his military service.

The Board has determined that additional information and development are needed to properly adjudicate the Veteran's claims, including verification of her service dates and obtaining all pertinent treatment records.

The Board has determined that the Veteran's lumbar muscle spasm, lumbar spondylosis, and lumbar herniated disc disease are not related to his military service.

The Veteran's lumbar spine disability is currently rated at 40 percent effective June 23, 2010.,Right S1 radiculopathy has been granted a 20 percent evaluation from June 23, 2010.

The Veteran's service-connected residuals, herniated nucleus pulposus, with mild spinal stenosis at L3-4 and L4-5, status post lumbar interbody fusion at S1, is currently rated as 40 percent disabling. The appeal for a higher rating has been denied.