Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's service connected disabilities, including residuals of a low back injury with degenerative changes of the lumbar spine and left lower extremity peripheral neuropathy, have rendered him unable to secure or follow substantially gainful employment. As such, the claim for TDIU on an extraschedular basis is granted.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability has been granted, with a 60 percent rating effective June 19, 2002. The appeal is resolved in the Veteran's favor.

The Veteran's claims for increased evaluation and service connection are being remanded due to the need for additional development, including obtaining updated medical records and affording him a VA examination.

The Board found that the Veteran's current low back disability is not related to his active military service and cannot be presumed incurred due to exposure to Agent Orange or other known risk factors. The VA medical opinions provided by VA health professionals have dissociated the current low back conditions from both active service and a pre-existing cervical spine condition.

The Veteran's lumbar degenerative disc disease has not been productive of either unfavorable ankylosis or incapacitating episodes, and therefore a rating in excess of 40 percent is denied.

The Board has determined that the Veteran's right shoulder and low back disabilities did not pre-exist his service or were aggravated by it, thus denying service connection for these conditions.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease and degenerative joint disease, was not incurred in or aggravated by active service. The claim is denied.

The Board has determined that the Veteran's back disability, including residuals of a tailbone injury, was incurred during his period of active service.

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

The Veteran's service-connected chronic low back strain with degenerative disc disease is currently rated at 40 percent, and the Board finds that this rating adequately reflects the severity of her disability. The evidence does not support a higher evaluation.

The Board denied the Veteran's claims of service connection for right ankle condition, low back disability, and psychiatric disability. The Board found no evidence to support these claims.

The Board has found that the Veteran's low back disability is proximately due to or the result of his service-connected right knee disabilities, and thus grants service connection for this condition.

The Veteran's appeal is remanded to the RO for further adjudication, including service connection for fibromyalgia and a VA compensation examination to distinguish symptoms of myofascial pain syndrome, fibromyalgia, and thoracolumbar discogenic disease.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has remanded the case due to the need for a VA examination and further development of evidence, including obtaining updated treatment records.

The Veteran's initial evaluations for thoracolumbar strain and migraine headaches were denied as the evidence did not meet the criteria for a higher evaluation.

The Veteran's thoracolumbar spine disability is currently rated at 10 percent, but the Board finds that a higher rating is not warranted as there are no additional functional limitations due to pain or other symptoms during flare-ups.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the current severity of his service-connected lumbosacral strain, as well as whether he was unemployable prior to May 19, 2011.

The Board has determined that the Veteran's current low back condition is at least as likely as not related to his military service, and thus grants service connection for a low back condition.