Back / lumbar spine decisions — 2012

The Board has restored the Veteran's 40% rating for his service-connected lumbar spine DDD and granted entitlement to a TDIU, finding that his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Board has ordered another VA examination to determine the nature and etiology of the Veteran's back condition, as the previous opinion was inadequate.

The Veteran's application for increased ratings for lumbosacral strain was denied, and the claim of service connection for lumbar disc bulge of L5-S1 and spinal stenosis remains in controversy.

The Board denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, hip disability on secondary basis to a service-connected right knee disability, bilateral shoulder disabilities, increased rating for right knee disability, and increase in PTSD rating. The evidence did not establish new and material evidence for reopening the claim of service connection for cervical and lumbar spine disabilities.

The Veteran's hallux limitus is related to his service-connected pes planus. The Board finds that the VA Chief of Podiatry Section's opinion, which relates the Veteran's currently diagnosed hallux limitus to his service-connected pes planus, is the most probative evidence as to the etiology of the disorder.

The Veteran's service-connected major depressive disorder is rated at the highest possible evaluation of 100 percent, reflecting total occupational and social impairment. The claims for service connection for lumbar spine disorder, right knee disorder, left knee disorder, and cervical spine disorder are granted.

The Veteran seeks service connection for various disabilities, including bowel disability, bladder disability, nerve damage, spinal cord damage with residual low back disability, hip disability, knee disability, erectile dysfunction, immunity disorder, and spleen disability. The appeal is remanded to obtain additional medical evidence regarding whether these disabilities are related to his service-connected PTSD.

The Board has determined that the Veteran's bilateral knee, lumbar spine, and cervical spine disabilities are not related to service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the Veteran's low back disorder is related to his military service.

The Veteran's service-connected chronic lumbar myofascial strain did not result in incapacitating episodes, neurologic abnormalities, or unfavorable ankylosis of the entire thoracolumbar spine. Therefore, a disability evaluation in excess of 10 percent is not warranted.

The Veteran's cervical spine disability is presumed to have manifested during service, and his lumbosacral strain with degenerative joint disease and spondylosis has been granted a 40 percent evaluation.

The Veteran's appeal is being remanded for additional development of the record, including obtaining VA treatment records from 2010 onwards.

The Board granted service connection for aortic valvular stenosis with an effective date of September 16, 1988. The Veteran's claims for increased ratings and earlier effective dates were also addressed.

The Board found that the Veteran's low back disorder was not incurred in service and denied his claim for service connection. The extension of a temporary total disability rating beyond May 31, 2009 based on convalescence following left shoulder surgery is granted. The issue regarding individual unemployability remains pending.

The Veteran's lumbar strain and sciatica of the lower extremities do not meet or approximate the criteria for a rating greater than 10 percent, and he is not entitled to TDIU based on his service-connected disabilities.,The Veteran's sciatica is due to nonservice-connected degenerative disc disease and joint disease, not related to his service-connected lumbar strain.

The Board finds by a clear preponderance of the evidence that service connection for a back disability is not warranted. The Veteran's claim of service connection for PTSD includes all acquired psychiatric disorders, including PTSD. However, there is no credible supporting evidence that the claimed in-service stressor actually occurred.

The Veteran's service-connected PTSD with insomnia and alcoholism has been rated at 50% since May 7, 2011. The Board finds that the criteria for a 70% rating have been met effective August 22, 2006.

The Board has found new and material evidence to reopen the claim of service connection for a low back disorder. The Veteran's current low back disorder is related to his military service, as evidenced by his in-service complaints and subsequent lumbar fusion surgery.

The Board has remanded the case due to outstanding records and a need for clarification of medical opinions regarding service connection.

The Board has determined that the Veteran's low back disability, left knee disability, and cephalgia are related to service. The Veteran's current disabilities were not caused by military service.