Back / lumbar spine decisions — 2013

The Veteran's claim for a separate compensable rating for numbness of the right lower extremity is denied as it is not related to his service-connected traumatic arthritis, lumbosacral spine.,The Veteran's claim for an initial compensable evaluation for scar, status post resection, left fifth metatarsal and excision of plantar wart is denied due to lack of objective evidence of limitation or instability.

The Veteran withdrew his appeals in a June 2013 statement, thus the appeals are dismissed.

The Veteran's appeal has been withdrawn by his representative before the Board could make a decision.

The Board has remanded the Veteran's claims for additional development due to incomplete VA treatment records and inadequate medical opinions.

The Board has remanded the case for additional development due to newly obtained service treatment records. The issues of service connection for bilateral hearing loss, low back disability (secondary to left knee disability), and right knee disability (secondary to left knee disability) are pending.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's low back disability is causally related to his military service, and the Board finds in favor of granting service connection.

The Veteran's lumbar spine disability is currently evaluated at a 10 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5243 for degenerative arthritis of the spine. The Board finds that the evidence does not support an increase in this rating.

During the period on appeal, the appellant's low back syndrome did not meet the criteria for a higher rating than 10 percent.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain was granted, while the claim for lumbar radiculopathy of the left leg received a 10% rating. The hypertension claim is pending and referred to the RO.

The Veteran's claim for a rating in excess of 20 percent for left trochanteric bursitis with lumbosacral intervertebral disc syndrome is being remanded due to the need for additional VA medical records.

The Board has determined that the Veteran's current degenerative joint disease of the lumbar spine with chronic lumbago and right sciatica is related to his active duty military service, resolving all doubt in favor of the Veteran.

The Board denied a higher evaluation for the Veteran's service-connected low back disability, finding that it did not meet the criteria for an evaluation in excess of 10 percent through August 9, 2011, and in excess of 20 percent beginning August 10, 2011.

The Board found no evidence to support the Veteran's claims of service connection for back, neck, left shoulder, and right shoulder disabilities as secondary to his service-connected left knee disability. The diagnoses were not related to the service-connected condition.

The Veteran's claim for an annual clothing allowance was granted. The Board found that the Veteran is entitled to a clothing allowance for 2011 due to his service-connected lumbar spine disability. Service connection and increased ratings were denied for left elbow disability, acquired psychiatric disability (other than major depressive disorder), hypertension, tinnitus, degenerative joint disease of the lumbar spine, and major depressive disorder.

The Veteran's lumbar spine DDD was granted an initial rating of 20 percent prior to November 29, 2011 and a higher 40 percent rating on and after that date. The Veteran also received separate ratings for bilateral lower extremity radiculopathy.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's back disability. The issue of TDIU is also being addressed.

The Board found that the Veteran's right elbow disorder and low back disorder clearly existed prior to service and were not aggravated by service.,Service connection was denied for both conditions as they are considered direct service connections.

The Board finds that the Veteran's degenerative joint disease and degenerative disc disease with radiculopathy are as least as likely as not related to active service, including his combat injuries in Vietnam.

The Board denied the appellant's claims for service connection for avascular necrosis of the right hip and an increased rating for lumbosacral strain with degenerative disc disease, finding that his disability did not meet or approximate the criteria for a higher rating.

The Veteran does not have a current muscle disability of the arms, legs, and low back or gastrointestinal disability that is related to his active service. The Board finds no evidence linking these conditions to his military service.