Back / lumbar spine decisions — 2012

The Veteran withdrew the appeal for the claim of entitlement to service connection for flat feet during his hearing. The remaining claims are remanded for further development.

The Board is remanding the case to obtain additional evidence and determine whether new and material evidence has been submitted to reopen a claim for service connection for lumbosacral strain with sacrilization L5.

The Board found that the reduction in evaluation from 20 to 10 percent for service-connected lumbosacral strain, effective May 1, 2009 was not proper. The claim for an increased rating of more than 20 percent for lumbosacral strain was also denied.

The Board has determined that the Veteran's disc herniation of the thoracolumbar spine was incurred in, or caused by, his military service and grants service connection for this condition.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's disability picture, as it relates to his service-connected lumbar spine disability, cannot be characterized as an exceptional case so as to render the schedular evaluation inadequate. The evidence of record demonstrates that the Veteran's service-connected disabilities preclude him from securing and maintaining substantially gainful employment.

The Veteran's lumbosacral strain is currently rated at 10 percent, and a separate 10 percent rating for right lower extremity neurological impairment due to the condition was granted effective December 23, 2005. The claim for an increased rating remains denied.

The Board denied service connection for spina bifida occulta and a low back disorder other than spina bifida occulta, finding that the evidence did not show these conditions were incurred or aggravated by active duty for training.

The Veteran's lumbar strain with mild degenerative arthritis of the thoracic and lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher evaluation as his range of motion does not warrant an increased rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claim for an increased evaluation for his degenerative joint disease of the lumbar spine is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.,Separate evaluations are not warranted for radiculopathy of the left and right lower extremities related to the Veteran's lumbar spine disability.

The Board has determined that the Veteran's diagnosed arthritis of the cervical spine and lumbosacral spine are not related to his service-connected degenerative arthritis of the left ankle, and thus, does not meet the criteria for service connection.

The Veteran's service-connected low back strain with arthritic changes was not shown to meet the criteria for a disability rating in excess of 10 percent, as his range of motion did not warrant such an increase.

The Veteran's appeal is being remanded to obtain additional information and evidence, including service personnel records and VA clinical records. The Veteran will also be scheduled for examinations to assess the severity of his left knee disability and any aggravation of other disabilities by his service-connected condition.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records related to the Veteran's low back disorder and right wrist ganglion cyst. The Veteran will be provided with an authorization form to obtain these records.

The evidence does not show that the Veteran's service-connected low back disability warrants a higher evaluation, as his range of motion and symptoms do not meet the criteria for a rating in excess of 10 percent.

The Veteran's service-connected scoliosis of the dorso-lumbar spine was granted a compensable rating prior to May 19, 2006 and an initial rating in excess of 30 percent from that date. The Veteran's herniated nucleus pulposus C5-C6 with fusion and degenerative changes did not warrant an increased rating beyond the assigned 20%.

The Veteran's DJD of the right second metatarsophalangeal joint is rated at 10 percent prior to January 20, 2005. The RO assigned an effective date of June 24, 2002 for the grant of service connection based on a finding that the Veteran had originally filed a claim for this condition on June 24, 2002.

The Veteran's service connection claim for a painful right foot scar was granted. The remaining claims, including those related to his back strain and feet disabilities, are in process.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining medical records. The issues are whether he should receive higher initial ratings for his service-connected lumbar osteoarthritis and left hip bursitis.

The Veteran's claims for service connection for low back and neck disorders, as well as his claim for a higher rating for hypertension, were denied. The Board found that the submitted evidence was not new and material to reopen these claims.