Back / lumbar spine decisions — 2012

The Veteran's service-connected degenerative disc disease of the lumbar spine with old compression fracture at L2 is currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Veteran's claim for a higher evaluation of his chronic lumbosacral strain with degenerative changes was denied. The RO found that the evidence did not support an increase in disability rating beyond 20 percent.

The Board found that the Veteran's current low back, right shoulder, and left shoulder disabilities were not incurred during service or due to any incident of service. The evidence did not support a finding of chronicity after service.

The Board found that there was clear and unmistakable evidence showing the Veteran's cervical spine disability pre-existed service, and that any increase in severity during service did not constitute aggravation. Therefore, service connection for a cervical spine disability is denied.

The Veteran's service-connected disabilities do not prevent her from securing and maintaining substantially gainful employment.

The Veteran's service-connected lumbar spine disability, initially rated at 10 percent from October 28, 2008, was increased to 40 percent effective March 22, 2012. The decision also granted separate ratings for right and left lower extremity radiculopathy with initial 20% evaluations each.

The Board found that the Veteran's left knee disability clearly and unmistakably pre-existed service, was not aggravated during service, and is not related to his period of active service. The low back disability was also not shown to be related to service. As such, the claims for service connection were denied.

The Board found that the Veteran's service-connected disabilities do not preclude him from securing and maintaining all forms of substantially gainful employment, with sedentary forms of employment being possible.

The Board found that there is no evidence to support the Veteran's claims for service connection for posttraumatic stress disorder, refractive error (blurred vision), amoebic dysentery, back disorder, residuals of a right foot laceration and fracture, pes planus, or bilateral calcaneal spurs.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and Social Security Administration records. A VA examination is also needed to determine if his current psychiatric disorder, right shoulder condition, cervical spine condition, or residuals of a head injury with concussion are related to his active service.

The Veteran's claims for service connection for tumors, a back disability, and an acquired psychiatric disorder have been denied as there is no credible evidence linking these conditions to her military service.

The Board denied the Veteran's claims for service connection for degenerative disc disease with lumbar strain and for an increased disability rating for hypertension. The Veteran's current back disorder was not sustained during active duty service, nor is it etiologically related to injuries sustained during active duty service or to injuries related to his active duty service.

The Veteran's thoracic spine disability has been rated at 40 percent since December 6, 2011. The Board finds that a uniform 40 percent rating is warranted from May 3, 2008.

The Board has ordered additional development of the Veteran's claims for service connection for low back and right elbow conditions due to a combat injury in service. The case will be remanded for further examination and consideration.

The Board has decided to remand the Veteran's claims for further development and consideration, including obtaining additional medical records and providing supplemental opinions from VA examiners.

The Veteran is entitled to a separate rating of 20 percent for left lower extremity radiculopathy effective November 22, 2002.

The Board has ordered a remand to obtain additional medical opinions and examinations regarding the Veteran's claims for service connection for low back condition and numbness in both arms and legs. The case will be returned to the Board after further development.

The Veteran's service connection claims for various conditions, including residuals of a circumcision, ED, right knee arthritis, bilateral foot condition, and back condition are granted. The claim for an increased evaluation for the fractured left medial malleolus is also granted.

The Board denied service connection for a back disorder and right hip disorder, finding that the Veteran's current conditions are not related to his military service.

The Veteran's lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, and thus does not meet the criteria for a disability rating in excess of 20 percent.