Back / lumbar spine decisions — 2012

The Board has denied the Veteran's claims of service connection for neuropathy of the right and left upper extremities as secondary to his cervical spine degenerative disc disease.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence regarding the Veteran's cervical spine disorder, bilateral esotropia, need for aid and attendance, and specially adapted housing.

The Veteran's lumbar spine disorder was rated at 20 percent prior to June 21, 2011 and upgraded to 40 percent effective that date. The right lower extremity neuropathy was also granted a rating of 20 percent.

The Veteran's claim of service connection for a back disability is being remanded due to the need for a VA examination and review of his service personnel records.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar spine and sciatica of the right lower extremity are being remanded to allow for additional development, including obtaining VA treatment records and a new examination.

The Veteran's claim for an earlier effective date of April 10, 1975 was granted based on the submission of a service reserve record showing he injured his back during active military service in 1955.

The Veteran's claims for service connection have been granted, but the initial evaluations are still under review due to a need for additional development of the record.

The Veteran's service-connected degenerative joint disease of the lumbar spine with radiculopathy and spondylolisthesis is not productive of incapacitating episodes of at least six weeks, nor does it meet criteria for ankylosis. Therefore, a rating in excess of 40 percent is denied.

The Veteran's claim for service connection for a lumbar spine disability has been reopened, and he is now entitled to a 70 percent evaluation for his PTSD prior to December 30, 2008. The Veteran's other claims remain denied.

The Board has determined that the Veteran's claimed conditions are not related to his service or any incident thereof, and thus cannot be granted service connection.

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

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disability and an evaluation of whether his disabilities render him unemployable.

The Board denied service connection for lumbar spine disability, right shoulder arthritis, elbows arthritis, and right wrist arthritis as these conditions are not related to active duty or service-connected disabilities.

The Board denied the Veteran's claims of service connection for a back disorder and an initial rating in excess of 10 percent for bilateral pes planus, finding that there was no evidence linking these conditions to his military service.

The Veteran's claims for service connection of COPD, an initial evaluation higher than 30 percent disabling for sleep apnea, and a rating in excess of 40 percent for retrolisthesis of L5-S1 with chronic low back pain since June 1, 2007 have all been denied. The Veteran is advised that he must file a timely substantive appeal to perfect his appeals on these issues.

The Board found that the Veteran does not have a chronic disability exhibited by low back pain present in service or related to active duty.

The Board has remanded the case due to new evidence and a need for further clarification on whether the Veteran's back disability was aggravated during service.

The Board found that the Veteran's lumbar spine disorder is not related to his service and denied his claim.

The Board denied increased ratings for major depressive disorder and dysthymia, chronic low back pain secondary to lumbosacral strain, and left knee patellar tendonitis and patellofemoral stress syndrome. The Veteran's claim of entitlement to a total disability rating based on individual unemployability is pending.

The Board found that the Veteran's current low back disability, including severe spinal stenosis at L2-3, L3-4; and status post left L4-5, L5-S1 lumbar laminectomy, was not incurred in or aggravated by active duty. The disability is considered to be unrelated to service.