Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's worsening of Crohn's disease with lumbar spine osteopenia development due to prescribed medication is not compensable under 38 U.S.C.A. § 1151 because it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical personnel.

The Veteran's lumbar spine disability has been manifested by no less than flexion to 90 degrees, extension to 5 degrees, lateral flexion to 20 degrees bilaterally, and rotation to 30 degrees bilaterally. Despite occasional flare-ups resulting in decreased function, there is no objective functional loss due to pain or additional limitation of motion.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current bilateral hearing loss disability, and the Veteran's other conditions do not meet the criteria for a higher rating.

The Board found new and material evidence to reopen the claim of service connection for lumbar spine degenerative disc disease, but determined that the Veteran's current low back disability is unrelated to her military service.

The Veteran seeks an initial disability rating in excess of 20 percent for a lumbar spine disability. The case is being remanded to obtain additional medical records and conduct further examination.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and cervical spine, as well as TDIU, were denied. The current ratings for these conditions are considered appropriate.

The Board denied reopening the claim for service connection for a right knee disability, to include as secondary to service-connected left knee disabilities due to lack of new and material evidence.

The Veteran's claims for increased ratings for lumbosacral nerve root injury with radiculopathy and pelvic fracture and separation of the symphysis pubis with low back pain were denied by the Board. The case is being remanded to provide additional development, including scheduling VA examinations.

The Veteran's low back disability is currently rated at 20 percent, effective from the date of his claim. The rating takes into account moderate limitation of motion and associated neurological impairment.

The Veteran's cervical spine disability was granted an initial rating of 20 percent effective September 26, 2003. The appeal is for a higher evaluation.

The Veteran's claims for increased ratings were denied. The RO/AMC granted a 40% rating for the right ankle disorder, but did not address other issues or conditions.

The Board found that the Veteran's lumbar spine disorder is not related to service or his service-connected left leg disability, and thus denied the claim.

The Veteran's chronic lumbar strain has been manifested by forward flexion greater than 60 degrees and a combined range of motion beyond 235 degrees, with occasional flare-ups and pain. The disability does not meet the criteria for a higher rating.

The Board denied service connection for a back disability and left arm disability, finding that the Veteran's conditions did not have their onset in service or manifest to a compensable degree within one year of separation from active service. The evidence showed no treatment for these conditions during service and insufficient continuity of symptomatology post-service.

The Board has remanded the case for additional development due to insufficient medical opinions regarding the relationship between the appellant's service-connected residuals of bilateral hammertoe surgery and his current lumbar spine degenerative disc disease and total right hip replacement.

The Veteran's thoracic facet syndrome, degenerative lumbar spine, and osteopenia are not service-connected as they did not manifest during her active military service or are not proximately due to a service-connected condition. The Board finds no evidence of arthritis within one year post-service.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, and referral for extraschedular consideration is not warranted.

The Board found that the Veteran's lower back disorder is not related to his service-connected bilateral knee disability and denied his claim.

The Board has determined that the Veteran's claim for an earlier effective date for service connection of PTSD is denied, as the July 2000 rating decision granting service connection was final. The Veteran's claim for a higher rating for his cervical spine disability remains pending.

The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence. The case is remanded for further development, including obtaining VA treatment records, arranging for an orthopedic examination, and determining the current severity of the cervical spine disability.