Back / lumbar spine decisions — 2012

The Board has remanded the case for further development due to inconsistencies in the reasons and bases provided for the denial of increased rating and special monthly compensation claims.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a low back disability. The Veteran testified about an in-service injury, but there is no competent medical evidence linking his current condition to this event or any other incident during service.

The Veteran's claims of entitlement to service connection for breathing problems, including sleep apnea; a bump on the right side of the chest; and a back disability are being remanded due to the need for additional development.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a lumbar spine disability, as the evidence did not show or suggest any current chronic low back disability was related to service or a service-connected disability.

The Board found that the Veteran's low back disability, including degenerative disc disease and degenerative joint disease, is not related to his military service. The VA examiner opined that it is less likely than not that the Veteran's current back condition originated during his military service.

The Board has determined that the Veteran's current right leg, knee, hip, and back disabilities are not related to his service-connected residuals of a right ankle abrasion. The evidence does not support a finding that these conditions were incurred or aggravated during active duty.

The Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, has been manifested by limitation of motion and pain since June 22, 2005. However, his condition does not meet or approximate the criteria for an evaluation in excess of 40 percent under any applicable rating code.

The Board finds no evidence of a cervical spine disorder during service and the preponderance of the evidence shows that any current low back disorder is not related to active service. The Veteran's lay assertions regarding in-service injuries are found to be incredible.

The Veteran's left knee disability is found to be secondary to his service-connected right knee osteoarthritis. The low back disability claim is denied as there is no current evidence of a low back condition.

The Board has remanded the case for additional development, including obtaining treatment records prior to 2004 and scheduling an addendum VA spine examination.

The Veteran's low back strain has not more nearly approximated forward flexion of the thoracolumbar spine limited to 30 degrees or favorable ankylosis of the entire thoracolumbar spine, and thus his claim for a higher rating is denied.

The Veteran has withdrawn his appeals for the initial increased ratings for low back strain with osteoarthritis and degenerative disc disease, rated as 20 percent disabling from October 22, 2004 to December 26, 2006, and as 40 percent disabling since December 27, 2006; and for radiculopathy with peripheral neuropathy of the right lower extremity, rated as 10 percent disabling from October 22, 2004 to May 19, 2008, as 20 percent disabling from May 20, 2008 to July 7, 2011, and as 40 percent disabling since July 8, 2011.

The Board denied the Veteran's claims for service connection for low back disability and bilateral knee disability, as well as his requests for initial ratings for right and left foot pes planus and left foot plantar fibromatosis. The appeal regarding compensation under 38 U.S.C.A. § 1151 for post-operative right hand and ring finger Dupuytren's contracture residuals is remanded.

The Veteran's back disability is granted service connection as it was noted during service and he has reported continuity of symptoms since then. The left leg, right hip, and right knee disabilities are remanded for further examination to determine their etiology.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a finding of service connection for dental disability, and denied all other claims for increase.

The Veteran's claim for an initial evaluation in excess of 10 percent for low back strain with pyriformis syndrome and degenerative changes at L2-L3 and L5 was denied as the Veteran failed to report for a VA examination without good cause.

The Veteran's claim for an increased rating for his service-connected lumbar spine disorder is being remanded due to errors in the effective date and applicable diagnostic criteria.

The Veteran seeks an extraschedular evaluation for his service-connected thoracolumbar rotoscoliosis. The Board has determined that referral to the Director, Compensation and Pension Service, is warranted due to marked interference with employment.

The Board has remanded the case for additional development to obtain medical records and clarify an opinion regarding the Veteran's low back and psychiatric disorders.

The Board found that the preponderance of evidence does not support a finding that the Veteran's current lumbosacral spine disability is related to service, including as secondary to his service-connected bilateral knee disabilities.