Back / lumbar spine decisions — 2012

The Veteran's claims for increased ratings for right and left knee retropatellar pain syndrome were remanded by the Board, but no effective date earlier than March 31, 2004 is granted.,An effective date of March 31, 2004 was assigned for the 10% rating for both knees.

The Veteran's claims for service connection for neck, upper back, and right leg conditions are being remanded due to the need for further development of his medical records and a VA examination.

The Veteran's combined disability rating for his service-connected conditions is currently at 40 percent, effective January 1, 2005. The Board finds no error in the calculation and denies the claim for a higher combined rating.

The Board finds that the Veteran's current hearing loss is more likely due to presbycusis or age-related changes, rather than service connection. For his back, hip and leg disabilities, additional VA examination is needed to determine their etiology.

The Board has determined that further development is needed to determine if the Veteran's current low back and lower extremity disabilities are related to his military service. The case is therefore REMANDED for additional development.

The Veteran's claim for a temporary total disability rating based on the need for convalescence following lumbar spine surgery in 1985 was denied as his claim was not filed within one year of any need for convalescence ending.

The Veteran's chronic lumbosacral strain has been granted service connection and rated at 20 percent since January 12, 2006. The rating is based on the criteria for a chronic lumbosacral strain.

The Veteran's service-connected lumbar spine disability has been rated at 20 percent since June 9, 2008, and the Board finds that this rating is warranted based on his current range of motion limitations.

The Veteran's claims for service connection for a low back disability as secondary to right ankle disability, an increased evaluation for his right ankle disability, and TDIU are being remanded due to the need for additional development of evidence.

The Board has remanded the case due to the need for additional development and examination, including a new VA examination by a different physician.

The Veteran's lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board denied an increased evaluation beyond this level.

The Veteran's lumbar strain is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, a combined range of motion of the thoracolumbar spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. Therefore, his claim for an increased rating is denied.

The Board found that the Veteran's low back disorder, bilateral lower extremity neuropathy, and bilateral hip disorders were not proximately caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The events leading to these disabilities did not occur during VA treatment.

The Veteran's claim for an increased rating for his service-connected left eye retinal hole and pterygium was denied due to failure to report for necessary VA examinations.,New evidence received since the January 2005 denial has reopened the claims of service connection for a right knee disability and thoracolumbar spine disability, raising reasonable possibility of substantiating these claims.

The Veteran's claims for service connection for an acquired psychiatric disorder and a back disorder, both claimed as secondary to his service-connected left lower extremity edema, are being remanded due to the need to obtain treatment records from Dr. W.G., the Veteran's counselor, and to provide addendum opinions regarding the nature of these conditions.

The Veteran's intervertebral disc syndrome with degenerative arthritis of the lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher rating based on functional impairment or incapacitating episodes.

The Board has remanded the case for additional development due to missing VA examination records and updated treatment reports.

The Board has granted service connection for right knee strain and low back strain, finding that the Veteran's current disabilities are related to his military service.

The Board has determined that the reduction in the disability rating for the service-connected musculotendinous strain of the lumbar/thoracic spine from 40% to 10% was proper and effective May 1, 2008.

The Board has reopened the Veteran's claim for service connection of low back disability and granted it. The claims for myopia, hypertension, and diabetes mellitus were withdrawn by the Veteran.