Back / lumbar spine decisions — 2012

The Board has determined that the evidence received since the January 2001 and October 2002 rating decisions does not raise a reasonable possibility of substantiating any of the service connection claims.,As such, all new and material evidence claims have been denied.

The Veteran asserts a low back disability is related to service, but the evidence does not support this claim. The Board has decided that additional development is needed before deciding the case.

The Veteran's thoracolumbar spine disability is rated at 40 percent, the highest available rating under VA guidelines. The left and right ankle disabilities are each rated at 10 percent, reflecting their respective conditions. The left knee disability is rated at 20 percent for loss of motion with a separate 20 percent rating for instability. The right knee disability is also rated at 20 percent for loss of motion.

The Board found that the Veteran's current back disability did not have onset during service or be related to a service-connected condition, and thus denied his claim for service connection.

The Veteran's claim for a higher rating for his lumbar spine disability was denied before January 27, 2003. From January 27, 2003 to October 26, 2005, the Veteran met the criteria for a 40 percent rating based on severe limitation of motion.

The Veteran withdrew his appeal for service connection for acne prior to the Board's decision. The TDIU claim and increased rating claim for low back disability are remanded for further development.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is secondary to his service-connected left knee disability and grants this claim.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claims for increased rating of her low back strain and TDIU are also pending.

The Board has remanded the case due to the need for a VA examination regarding the etiology of any current back disability, as the Veteran has persistent symptoms and in-service diagnoses.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits information. The appellant must be provided another VA medical examination to determine the nature, extent, onset date, and etiology of his claimed lumbar spine pathology.

The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a bilateral knee disorder, right shoulder disorder, ulcer disorder, insomnia, gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.,The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a chronic gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.

The Veteran's appeal has been withdrawn due to his request for a hearing, and he subsequently withdrew the appeals of his increased rating claims. As a result, these claims are dismissed.

The Veteran's condition meets the criteria for special monthly pension based on need for aid and attendance due to his disabilities, including leg pain, diabetes mellitus, hypertension, coronary artery disease, right hip strain with chronic pain and limitation of motion (LOM), status post operative repair, tear medial meniscus and osteochondritis dissecans right knee with chronic pain, degenerative arthritis with LOM in flexion and extension with incomplete extension, status post operative total knee replacement left knee with chronic pain, diffuse degenerative disc disease of the lumbar spine with partial lumbarization of S1 with chronic pain, and varying LOM. The Veteran is legally blind and requires assistance for daily activities such as cooking.

The Board has remanded the case due to the Veteran's relocation and failure to appear for a hearing. The case will be scheduled for a new hearing before the Board.

The Veteran's lumbosacral strain, L5-S1 bulging disc, and osteopenia are currently rated at 40 percent. The cervical spine disorder claim is denied as there is no evidence of a current disability or etiology related to service.

The Board has decided to remand the Veteran's claims for additional development, including obtaining service treatment records and verifying periods of active duty service. The Veteran will be scheduled for VA examinations to determine if his current conditions are related to military service.

The VA examiner found that the Veteran's service-connected degenerative disc disease did not meet the criteria for a higher evaluation prior to November 5, 2009. The claim is denied as there was no evidence of forward flexion limited to 30 degrees or less, nor ankylosis.

The Veteran's claims for service connection for a cervical spine disorder, low back disorder, and chronic fatigue syndrome (CFS) are being remanded due to the need for additional medical examinations and opinions.

The Board found that the Veteran's low back disorder is not proximately due to, the result of, or aggravated by his service-connected right hip disability. The claim was denied.

The Veteran's PTSD and low back disorder are granted service connection as they are presumed to have been incurred due to his military service, specifically his deployment in Afghanistan. The right elbow, bilateral hands, and bilateral feet disorders do not meet the criteria for service connection.