Back / lumbar spine decisions — 2012

The Veteran's low back strain was granted an increased rating to 20 percent effective April 21, 2005, and to 40 percent effective May 14, 2009.

The Board has dismissed the Veteran's service connection claims for low back disability, psychiatric disability, right hip disability, and right knee disability due to his failure to respond to requests for identifying information and releases for pertinent medical records within a year. The extraschedular rating claim for residuals of a fractured left medial malleolus was denied.

The Board found that the Veteran's lower back disability is not service-connected and denied compensation under 38 U.S.C.A. § 1151 for his left hip surgery complications.

The Board has determined that the Veteran's low back disability is service connected, with no specific rating assigned and no effective date provided.

The Veteran's lumbar spine disability is rated at 20 percent effective June 30, 2010. The initial ratings for polyneuropathy of the upper extremities and impairment of sphincter control are granted but not yet assigned effective dates. Erectile dysfunction remains noncompensable.

The Veteran's claim for an effective date earlier than December 22, 2006 for a rating of 100 percent for his back disability is denied. The Board found that the evidence did not show entitlement to such an earlier effective date.

The Veteran's degenerative disc disease, lumbosacral spine was not shown to meet the criteria for a higher rating prior to August 13, 2008. The reduction from 20% to 10% effective October 1, 2010 was proper.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to address the Veteran's claims for service connection.

The Board has determined that additional examinations and evidence are needed to properly adjudicate the Veteran's claims for service connection of his bilateral wrist condition, back disability, and lung disability. The issues include determining whether these conditions are related to service or other factors.

The Veteran's claims of entitlement to an increased evaluation for his service-connected degenerative disc disease of the lumbar spine, postoperative and service connection for hemorrhoids are being remanded due to the need for additional examinations.

The Veteran's cervical spine strain and lumbar spine disc herniation with radiculopathy of the left lower extremity are each rated at 30 percent, effective November 1, 2008. The Veteran's migraine headaches are rated as noncompensable.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and a full employment history.

The Board has remanded the case for additional development due to an inadequate opinion from a VA examiner regarding the etiology of the Veteran's back disorder. The Veteran is seeking service connection for his current diagnosed back disorder, which he claims was caused by in-service back pain.

The Board has determined that the Veteran's low back and right knee disabilities are caused or aggravated by his service-connected right foot/ankle disability, granting service connection for both conditions on a secondary basis.

The Veteran's appeal for a rating in excess of 60 percent for his post-TKR left knee disability has been denied. The current 60 percent rating adequately reflects the severity and manifestations of his service-connected condition.

The Board has remanded the case due to incomplete medical records and an inaccurate factual premise regarding back pain in service. The Veteran needs another VA examination to determine if his current low back disability is causally related to service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine was incurred in service, resolving his claim for service connection.

The Board found that the Veteran's current low back disability is not causally related to his active service, and thus denied his claim for service connection.

The Board has determined that the Veteran's lumbar spine disability was not caused or permanently aggravated by her active military service, including a period of INACDUTRA in October 1993. Therefore, service connection for this condition is denied.

The Veteran's claims for increased ratings for cervical disc degeneration and spondylosis of the lumbar spine were denied as his conditions did not meet the criteria for a higher rating under VA regulations.