Back / lumbar spine decisions — 2012

The Board has ordered additional development, including obtaining workers' compensation records and Social Security Administration (SSA) records. The Veteran's claim for service connection for a lumbar spine disability is remanded to allow for an addendum opinion regarding whether the condition was caused or permanently aggravated by his service-connected left knee disability.

The Board found that the reduction from a 40 percent to a 20 percent disability rating for the Veteran's low back disability was not proper, and restored the original 40 percent rating.

The Board has remanded the case for further examination and evaluation, including a VA eye examination to determine the extent of the Veteran's blepharospasm and its impact on his sleep disorder. The AOJ should also schedule a VA examination of the seventh (facial) cranial nerve.

The Board has denied the Veteran's claim for a TDIU due to service-connected disabilities, as his combined rating does not meet the schedular requirements and he is unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's current back disorder, including degenerative disc disease of the lumbar spine, is related to his active military service and grants service connection for this condition.

The Veteran's low back strain was not manifested by unfavorable ankylosis of the thoracolumbar spine or of the entire spine. Incapacitating episodes with a total duration of at least six weeks during the past twelve months have not been shown.

The Board has determined that the Veteran's current low back disorder, including degenerative arthritis, spondylosis, and displacement of the lumbar intervertebral disc at L3-4, L4-5 and L5-S1, is related to his period of service where he fell from a communication pole. As such, service connection for this condition is granted.

The Board denied the appellant's claims for service connection for a back disability and to reopen his claim of dental trauma due to in-service injury. The RO previously denied these claims, finding no evidence of 'dental trauma' during service.

The Board has remanded the case for additional development, including obtaining records from the Florida Division of Workers' Compensation and developing a dose estimate based on possible radiation exposure during service. The appeal will be reconsidered after these actions.

The Board denied the Veteran's claims for service connection for a right inguinal hernia, low back disability, and an acquired psychiatric disorder (including PTSD, schizophrenia, schizoaffective disorder).

The Veteran's claim for a TDIU was denied because he did not meet the threshold percentage requirements under 38 C.F.R. § 4.16(a) and his case was referred to the Director of Compensation and Pension Service for consideration on an extra-schedular basis under 38 C.F.R. § 4.16(b). The Director determined that a TDIU is not warranted on an extra-schedular basis.

The Veteran's low back disability is rated at 40 percent, and he has separate ratings for right and left leg radiculopathy. The combined rating does not meet the criteria for TDIU based on his service-connected disabilities.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50% rating since March 5, 2011. The TDIU claim is granted prior to March 5, 2011.

The Board found that the Veteran's low back and shoulder disabilities do not meet or approximate the criteria for a higher initial disability rating in excess of 20 percent.

The Board found that there is no evidence to support a finding of service connection for the Veteran's low back disability, as it did not manifest during service or until many years thereafter. The current low back disability was not causally related to or aggravated by the service-connected left knee disability.

The Board found no evidence of a link between the Veteran's current back disability and his active service, including an in-service truck accident. The preponderance of the evidence is against a finding that the Veteran's back pain has been chronic since service or that there has been a continuity of symptomatology.

The Board found no evidence of a cold injury to the bilateral lower extremities during service, and denied claims for these conditions.,For the right knee disorder, the Board concluded that there is no direct link between the current condition and service. The Veteran's first reported symptoms were in 1992.

The Veteran's appeal is being remanded due to the need for a video conference hearing. The claims of service connection are still pending and will be addressed after the hearing.

The Board has granted service connection for hypertension and found that the Veteran's low back disability, skin condition, and migraine headaches are related to his active duty service.

The Board finds that the Veteran does not have a separately diagnosed peripheral neuropathy in any extremity other than his service-connected Baxter's neuritis of the left foot. The symptoms he reports are attributed to his already service-connected conditions.