Back / lumbar spine decisions — 2013

The Veteran's service-connected chondromalacia patella of the left knee status post medial meniscectomy is currently rated at 10 percent, which is the maximum schedular rating under Diagnostic Code 5259. The RO has also granted temporary total disability ratings for surgical treatment and assigned a 10 percent rating effective September 1, 2007. For the period prior to October 9, 2012, the Veteran's carpal tunnel syndromes are rated at 10 percent each. Since October 9, 2012, her right and left carpal tunnel syndromes have been rated at 30 and 20 percent, respectively. The Veteran's bilateral plantar fasciitis has also been rated at 10 percent.

The Board found that the Veteran's current low back condition is not related to her service and denied her claim for service connection.

The Board has remanded the case due to issues with representation and development, and the appeal is now pending again.

The Board has granted service connection for a low back disorder, finding that it is related to the Veteran's in-service injury and aggravation of his pre-existing left foot disability.

The Veteran's current low back disability is not related to his service, as there was no chronic condition shown during service and no evidence of continuity of symptomatology post-service. The Board finds that the Veteran did not have a pre-existing condition in sound condition upon entry into service.

The Veteran's low back disability and radiculopathy of the lower extremities have not met the criteria for higher initial ratings prior to December 18, 2011 or from that date forward.

The Board finds that the Veteran's current lumbar and cervical spine disorders are not related to his active duty service. The evidence does not support a finding of in-service injury or disease.

The Board found that the Veteran's current back disabilities, including degenerative joint disease of the lumbar spine and moderate canal stenosis at L4-L5, were not incurred in or aggravated by service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing a medical examination to determine if the Veteran's low back disability is caused or worsened by his service-connected hip and knee disabilities.

The Veteran's claims of service connection for a heart disability and a lumbar spine disability have been reopened. Further development is needed to determine the nature and likely etiology of these disabilities, as well as their current severity.

The Veteran seeks service connection for a low back disability. The case is being remanded to obtain clarification of the Veteran's active duty dates, verify STRs from July 2009 period, and schedule a VA spine examination.

The Veteran's appeals for increased evaluations for his service-connected right foot disability and low back disability have been dismissed due to the withdrawal of the appeal by the Veteran's private attorney.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another/housebound is being remanded due to unclear factual entitlement, including whether any single service-connected disability renders him unemployable or if he qualifies for SMC based on a need for aid and attendance or housebound status.

The Veteran's appeal is being remanded due to the failure to appear for a scheduled Travel Board hearing. The case will be returned to the Board after scheduling a new hearing.

The Board has determined that additional development is needed to determine the relationship between the Veteran's service-connected conditions and his death, as well as whether his service-connected disabilities caused or aggravated his COPD.

The Board denied reopening of the claims for service connection for low back and right hand disabilities due to lack of new and material evidence.

The Board denied service connection for cervical, thoracic, and lumbar spine disorders, headaches, and urinary frequency. The Veteran's sinusitis is currently rated at 10%.

The Board found that a chronic low back disorder and degenerative joint disease of the spine were not incurred in or aggravated by active military service, and arthritis may not be presumed to have been incurred therein.

The Veteran's service-connected lumbosacral spine disability has been manifested by forward flexion to no less than 90 degrees, without muscle spasm or guarding resulting in abnormal gait or spinal contour. There were no incapacitating episodes prior to January 6, 2009.

The Board found that the Veteran's left knee, right hip, and low back disabilities are not service-connected or secondary to his service-connected right knee disability. The VA examiners provided negative opinions on direct and secondary service connection.