Back / lumbar spine decisions — 2012

The Veteran's claim for service connection for degenerative disc disease of the cervical spine is granted. The claim for an earlier effective date for polyneuropathy of both lower extremities is denied.

The Board has reopened both the claim for a low back disorder and the PTSD claim due to new evidence. However, service connection cannot be established as there is no credible evidence of an in-service stressor.

The Veteran's claim for service connection for lumbar degenerative disc disease and radioculopathy of the lower left extremity is being remanded due to incomplete records from various VA medical centers. The case will be readjudicated after obtaining any missing records.

The Board finds that the Veteran's currently diagnosed back and neck disabilities are related to his period of military service, granting service connection for these conditions.

The Veteran's claims for increased ratings, service connection, and TDIU were denied. The effective date of the grant of service connection for degenerative osteoarthritis of the lumbar spine was set at May 19, 1999.

The Board has reopened the Veteran's claim of entitlement to service connection for bronchial asthma. The issue of service connection for a back disability is inextricably intertwined with the pending claim and will be remanded along with it.

The Board has determined that there is no evidence to support a finding that the Veteran's current multiple level degenerative disc disease of the spine is related to his active service, and thus denied the claim.

The Veteran's lumbar spine disability is currently rated as noncompensably disabling prior to February 15, 2008 and 10 percent thereafter. The claim for an increased evaluation remains before the Board.

The Veteran's service-connected lumbar spine disability was granted a higher initial rating of 20 percent effective March 24, 2011. The condition is manifested by forward flexion greater than 30 degrees but not greater than 60 degrees without unfavorable ankylosis of the entire thoracolumbar spine or doctor prescribed bedrest for incapacitating episodes having a total duration of at least four weeks during the past twelve months.

For the period effective June 1, 2003 through April 26, 2007, the Veteran's service-connected low back disorder was manifested primarily by characteristic pain on motion.,Since April 27, 2007, the Veteran's service-connected low back disorder has been manifested primarily by pain on motion, tenderness to palpation, paravertebral spasms, a right sided pelvic tilt, occasional radiculopathy, and limitation of flexion to as little as 30 degrees.

The Veteran's low back disability is currently rated at 20 percent, which does not meet the criteria for a higher rating as his flexion limitation is less than or equal to 79 degrees.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for additional development, including a VA examination and review of treatment records.

The Veteran's low back disability, manifested by limitation of motion with pain on motion and without ankylosis or incapacitating episodes, does not meet the criteria for a rating in excess of 40 percent.

The Board has determined that additional VA examinations are required to properly adjudicate the Veteran's claims, including for his skin disorder, lumbar and left knee disorders, and PTSD. The case is therefore being remanded.

The Veteran's service-connected low back disability has been manifested by symptoms of pain, with forward flexion limited to 80 degrees. The Board finds that the criteria for an initial disability rating in excess of 10 percent have not been met.

The Veteran's cervical spine disability is rated at 30 percent effective July 26, 2010. He also received separate ratings for radiculopathy of the upper left and right extremities.

The Board has ordered a remand to obtain private treatment records from the Veteran's low back pain, including from a Research hospital. The case will be readjudicated after these records are obtained.

The Veteran seeks service connection for a back disorder, which he claims was caused by his active duty service. The case is being remanded to obtain additional medical records and provide the Veteran with an appropriate VA examination.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion was granted. The effective date is set at February 11, 2000.

The Board has determined that new and material evidence was received to reopen the claim for service connection for a back disability. The Veteran's current scoliosis, osteophytes, and multilevel discogenic changes are related to his in-service leg shortening and scoliosis.