Back / lumbar spine decisions — 2012

The Board has ordered a remand to obtain additional medical records and provide an addendum to the VA examination report regarding neurologic impairment associated with the Veteran's service-connected thoracolumbar spine disability.

The Board has determined that the Veteran's DDD of the lumbar spine is as likely as not caused or aggravated by his service-connected bilateral ankle disabilities, and thus grants service connection for this condition.

The Board has granted a 40 percent evaluation for scoliosis of the lumbar spine, effective from February 19, 2008. The Veteran's condition involved forward flexion of the thoracolumbar spine at 30 degrees or less since that date.

The Board has determined that the Veteran's claimed cervical spine, low back, bilateral hip, and upper extremity neurological disorders are not etiologically related to his military service.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of cardiovascular disorder, low back disorder, and tinnitus. The Veteran's death certificate indicates he died in November 2009, and his surviving spouse was accepted as a substitute claimant.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of in-service injury or disease related to his current condition.

The Board found that the Veteran's current low back disability was not incurred in service and is not proximately due to or the result of his service-connected bilateral extensor mechanism malalignment with patella tendonitis.

The Board has remanded the Veteran's claims for hypertension and low back disability due to incomplete development of records, including private medical records. The Veteran needs to provide authorization for VA to obtain these records, and a new examination is required to determine the etiology of his hypertension and low back disability.

The Board finds that the Veteran's current degenerative disc disease of the cervical spine is not related to active service and was not caused or aggravated by a service-connected disability.

The Board found that the Veteran's lumbar spine transitional vertebra, degenerative joint disease (DDD), and stenosis were not related to his service or a service-connected thoracic spine disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected chronic lumbosacral strain and a VA general medical examination to determine whether he is unemployable due to his disabilities. The claims will be readjudicated after these actions.

The Board has determined that the Veteran's current lumbar spine disability is related to his in-service injury, and therefore grants service connection for this condition.

The Board found no credible and competent evidence linking the Veteran's current low back disability to his active service, thus denying his claim for service connection.

The Board has remanded the case for further development, including consideration of Diagnostic Code 5243 and potential extraschedular considerations for the lumbar spine disability. The claim for a separate rating for radiculopathy is unclear from the record.

The Board has determined that the Veteran's currently diagnosed low back, left shoulder, and left elbow disabilities are not related to service. The preponderance of the evidence shows that these conditions are more likely due to natural degenerative changes associated with aging.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for low back, bilateral leg, and psychiatric disorders on a secondary basis. The Veteran must be provided with VCAA notice and his claims for secondary service connection must be addressed by the RO/AMC.

The Veteran seeks service connection for a cervical spine disability, which he claims is related to his service-connected osteoarthritis of the lumbar spine. The Board has determined that additional development is necessary before this claim can be decided.

The Board has granted a higher initial evaluation of 20 percent for the service-connected cervical spondylosis, effective from June 25, 2007 to April 19, 2012. The Veteran's claim for an increased evaluation for degenerative disc disease of the lumbar spine is pending.

The Board has determined that further development of the Veteran's claims is needed, including obtaining service treatment records and private medical records. The case will be remanded for these actions.

The Board finds that the Veteran's current back disability is related to her military service, and grants service connection for a myofascial strain of the low back. The preponderance of evidence does not support service connection for hip, ankle, or lump on buttocks disabilities.