Back / lumbar spine decisions — 2012

The Veteran's lumbosacral strain superimposed on degenerative changes is currently rated at 20 percent, and the evidence does not support a higher rating based on current functional impairment or presence of other conditions.

The Board has remanded the case due to regulatory changes and incomplete consideration of the Veteran's cervical spine strain. The Veteran is entitled to a higher evaluation for his T9 compression fracture with lumbar spinal strain, but the appropriate rating for his cervical strain must be determined.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for bilateral knee, ankle, and low back disabilities. The claim for a higher rating for the low back disability was also denied.

The Board has determined that the Veteran's cervical and low back disabilities are not related to his service or a service-connected condition, and thus denied his claims for service connection.

The Board has remanded the Veteran's appeal to obtain additional medical records and clarify the theories of service connection. The issue is now on remand for further development.

The Veteran's appeal is being remanded for additional development to address the functional limitations of his lumbar spine, right shoulder and right knee disabilities. The case will be returned to the Board after this development.

The Board found that the Veteran's lumbosacral strain disability did not meet or approximate the criteria for a rating in excess of 20 percent.

The Veteran's service-connected cervical spine degenerative disc disease, major depressive disorder associated with cervical spine degenerative disc disease, and chip fracture left wrist prevent him from engaging in substantially gainful employment. The criteria for a TDIU are met on an extraschedular basis.

The Board has determined that the Veteran's lumbar and cervical spine disorders are not related to his military service, including as a result of any in-service complaints or treatment for pain in these areas.

The Board has determined that the Veteran's current low back disability is causally related to his service, and therefore grants service connection for a low back disability.

The Board has remanded the case for further development, including obtaining clarification on whether the Veteran currently carries a diagnosis of post-polio syndrome and scheduling an examination to determine the etiology of his claimed disabilities.

The Veteran's claims for service connection were granted, with the effective date set at September 30, 2002. The Veteran was awarded a 40 percent rating for his lumbar spine disability as of October 31, 2006. He also received TDIU benefits.

The Veteran's lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is warranted from November 2, 2009.

The Veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities were denied. The Board found that the evidence did not support a higher rating based on the severity of the disability.

The Board has determined that the Veteran does not have a right foot calcaneal spur, and his upper extremity radiculopathy is not related to service-connected cervical strain. Therefore, he is denied these claims.

The Board has remanded the case due to the need for a VA examination to determine the nature and likely etiology of the Veteran's neck and low back disabilities.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his claimed psychiatric disorder and the current severity of his service-connected low back disability.

The Board denied the Veteran's claims for increased ratings for his service-connected right shoulder, lumbar spine, and knee disabilities. The Veteran's bilateral hearing loss was also addressed in a separate decision.

The Veteran's appeal is being remanded for additional development to address the current severity of his service-connected low back disability, as well as whether a bilateral hip disability and degenerative joint disease of the left knee are related to or aggravated by his service-connected low back disability. The case will also be reviewed to determine if he meets the criteria for a total disability rating based on individual unemployability.

The Board has determined that new and material evidence has not been received to reopen the claims of service connection for a back disability, including degenerative disc disease of the lumbar spine; frostbite of the hands and feet; diabetes mellitus; hypertension; a psychiatric disability; blood disease; or heart disability. The appellant's claimed disabilities were not present during his active service or within the first post-service year, and there is no indication that they are related to his military service.