Back / lumbar spine decisions — 2012

The Board has determined that the submitted evidence is not new and material, thus the claims for service connection for a right knee disability, lumbar spine disability, and nervous tremors remain denied.

The Board denied an increased rating for the appellant's service-connected recurrent low back pain with degenerative changes and dismissed his claim for an earlier effective date for a 40 percent disability rating.

The Board has determined that the Veteran's right knee, left knee, and low back disabilities were not incurred or aggravated during service, nor are they related to any injury sustained in service. As such, the claims for service connection have been denied.

The Veteran's appeal involves multiple claims for increased ratings and effective date determinations related to his service-connected disabilities. The Board has ordered additional development, including obtaining medical records and clarifying the application of certain regulations.

The Board found that the Veteran's chronic, identifiable back disorder was not related to his service and denied his claim for service connection.

The Board finds that the Veteran's current lumbar spine disability is not service-connected as it is less likely than not caused by or related to his in-service injury, and there is no evidence of a nexus between his current condition and service.

The Veteran's low back disability is manifested by chronic pain radiating to the bilateral lower extremities, straightening of the lumbar lordosis, and forward flexion in excess of 30 degrees after repetitive motion. The Board finds that the criteria for a rating in excess of 20 percent have not been met during the pendency of this claim.

The Board denied service connection for various conditions, including a herniated disc of the lumbar spine and left sciatic nerve damage, as secondary to service-connected disabilities. The Veteran's skin disorders were not found to be related to his military service.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected low back and bilateral knee disabilities, as well as any diagnosed hip disorder. The case will also be reviewed by the Director, Compensation & Pension Service, for extraschedular consideration of a total disability rating on the basis of individual unemployability due to service-connected disabilities.

The Veteran's application to reopen his service connection claim for a low back disability has been granted. His Crohn's disease is currently rated at 30 percent, and the Board finds that this rating adequately reflects the severity of his condition.

The Board has determined that additional development is needed to ensure all relevant records are obtained and reviewed, including service treatment records and private medical records. The Veteran's claims for service connection will be remanded for further action.

The Veteran's degenerative changes to the thoracic spine with mechanical low back pain and difficulty sleeping due to pain are currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5242. The Veteran's migraine headaches have not met the criteria for a higher rating.

The Board finds that the evidence is in equipoise as to whether the Veteran's current lumbar spine disorder with left sciatica is related to his military service, and grants service connection for this condition.

The Board has determined that the current rating for the Veteran's low back strain is not appropriate and remanded to obtain additional medical evidence.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's current condition is at least as likely as not related to his in-service injury. The claim of service connection for left drop foot remains pending and will be addressed in the remand portion.

The Veteran's appeal is being remanded due to incomplete records and the need for additional examinations. The case will be returned to the Board after further development.

The Veteran's claim for PTSD was denied due to lack of in-service stressor confirmation. The claim for lumbosacral strain has been reopened with the submission of new and material evidence, but service connection is not granted as there is no confirmed in-service stressor or corroborated medical nexus.

The Board found that the Veteran's low back disorder did not develop in service or be related to his service-connected cervical spine disability. For the entire rating period, the evidence did not show a greater severity of cervical spine disability than encompassed by limitation of motion.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further consideration.