Back / lumbar spine decisions — 2013

The Veteran's appeal involves multiple issues related to various disabilities, and a remand is required for further examination and opinion regarding the etiology of these conditions.

The Veteran's tinnitus, bilateral pes planus, and low back disorder are found to be related to service. However, the Veteran does not have a current diagnosis of bilateral shin splints or hypertension.

The Veteran's PTSD was rated at 30 percent prior to March 22, 2010. The appeal for increased ratings for other conditions is denied.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's back disability, including whether it is related to service exposure or a pre-existing condition. The case will be remanded for this purpose.

The Board has remanded the case to the RO for further action, including scheduling a Travel Board hearing.

The Board granted a 40 percent evaluation for low back strain since June 8, 2010. The Veteran's claims of service connection for sleep disability and increased evaluations for left ankle sprain were also granted.

The Veteran's bilateral carpal tunnel syndrome is service-connected.,Service connection for diabetes mellitus is granted due to herbicide exposure during service in Korea.,Chronic upper respiratory disorder (bronchial asthma) is not service-connected.,Depressive disorder secondary to service-connected bilateral carpal tunnel syndrome is not service-connected.,Low back disorder is not service-connected.,Intestinal disorder is not service-connected.

The Veteran's claim for a clothing allowance is being remanded due to the need to consider evidence of wear and tear to his clothing caused by service-connected disabilities or medication.

The Board has determined that the Veteran's asthma and low back disorder are related to her service, specifically her periods of active duty. The claims for these conditions have been granted.

The Board has remanded the case due to a procedural deficiency and needs to correct it by resending the August 2011 Supplemental Statement of the Case (SSOC) to the Veteran's most recent known address.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including obtaining records from the VA Colorado Springs Clinic and attempting to obtain the November 1989 X-ray film.

The Veteran's service-connected mechanical low back pain was granted a disability rating of 20 percent prior to August 21, 2012 and increased to 40 percent beginning on that date. The right knee patellofemoral syndrome remains at the 10 percent level.

The case is being remanded to obtain additional opinions regarding the etiology of the Veteran's thoracolumbar spine disability and his bilateral peripheral neuropathies of the lower extremities. The claims will be readjudicated after these opinions are obtained.

The Veteran's low back disability is currently rated at 40 percent, which meets the percentage requirements for a TDIU. However, his service-connected condition does not render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected lumbosacral spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted prior to March 30, 2010.

The Board has remanded the case for additional development due to a need to clarify whether the Veteran wants another hearing. The claim will be returned to the Board after this is done.

The Veteran seeks service connection for a disability of the cervical spine, which he claims is related to his service-connected thoracolumbar spine. The Board has remanded this issue due to insufficient evidence.

The Veteran's service-connected lumbar disc derangement/herniated nucleus pulposus at L4-5, L5-S1 (low back disability) is not entitled to a rating in excess of 10 percent prior to March 24, 2010 and in excess of 20 percent from March 24, 2010. The Veteran's service-connected neuropathy of the right lower extremity has been granted an initial rating of 20 percent effective March 24, 2010.

The Board has determined that the Veteran's back disability is related to his active service and finds in favor of granting service connection for this condition.

The Veteran's service-connected lumbar spine disability is currently rated as 10 percent disabling, but does not meet the criteria for a higher rating due to her limited range of motion and lack of other significant symptoms.