Back / lumbar spine decisions — 2012

The Veteran's service-connected degenerative disc disease of the lumbar spine with lumbar strain and radiculopathy was granted a 60 percent disability rating effective May 22, 2002.

The Veteran's appeal has been dismissed as he withdrew his appeal for all issues before the Board.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not causally related to his active service or any incident therein. The case was remanded multiple times and ultimately denied again.

The Veteran's original claim for service connection for a back disorder was denied in February 1971, and he did not appeal this decision. The effective date of the grant of service connection is fixed based on the facts found, but shall not be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later.,The Veteran's claims for TDIU and basic eligibility for DEA benefits were granted in April 2001 and June 20, 1997 respectively. The effective dates are fixed based on the facts found, but shall not be earlier than the date of receipt of claim or the date entitlement arose, whichever is later.

The Veteran's claim for higher ratings for residuals of a low back injury with spondylosis and posttraumatic stress disorder was denied. The rating for the low back injury remains at 20 percent, while the PTSD rating is denied.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability prior to August 29, 2006 based on insufficient evidence showing that her service-connected disabilities rendered her unable to secure and follow substantially gainful employment.

The Board has remanded the case to determine if the Veteran is entitled to an earlier effective date for TDIU based on his service-connected disabilities, specifically chronic mechanical low back strain and severe disc degeneration at L5-S1 with spurring at L2-3 and L3-4. The decision also requires referral of the case to the Director of Compensation and Pension Service for consideration of an extraschedular evaluation under 38 C.F.R. § 4.16(b) prior to January 20, 2006.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection, except for reopening of his PTSD claim.

The Board has granted service connection for the Veteran's lumbar spine degenerative joint disease as aggravated by his service-connected right foot disability. The TDIU issue is remanded to allow for an initial rating and effective date determination.

The Veteran's lumbar strain with degenerative disc disease of the lumbar spine has been manifested by forward flexion greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating from March 24, 2009.

The Veteran's claims for increased ratings and TDIU were granted, with the lumbosacral strain claim receiving staged ratings.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the submission of additional evidence not initially considered by the RO.

The Board has ordered a remand to obtain additional medical opinions regarding the etiology of the Veteran's claimed left hip and low back disorders, as well as to obtain any outstanding VA treatment records. The case will be returned for further adjudication.

The Veteran's lumbar degenerative disc and joint disease has not resulted in unfavorable thoracolumbar ankylosis, so a higher evaluation is denied.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board has determined that the Veteran's current low back disability is as likely as not caused or aggravated by his service-connected bilateral pes planus and/or arthralgias of the ankles, knees and hips. As such, the claim for service connection for a low back disability is granted.

The Board has decided to remand the claims for further development due to incomplete records and inadequate medical opinions.

The Veteran's lumbar spondylosis and scoliosis with hemivertebra L4 are currently rated as 20 percent disabling, but the right ovary cyst is not compensably rated. The Board denied increased ratings for both conditions.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a back disorder. The case is therefore REMANDED for further action.

The Board found that a chronic low back disability was not incurred or aggravated as a result of active service.