Back / lumbar spine decisions — 2013

The Veteran's lumbosacral strain with degenerative joint disease has been evaluated at a 20 percent rating since November 22, 2011. The Board found that the evidence did not support an evaluation in excess of this amount.

The Board finds that the overpayment of VA compensation benefits in the amount of $3,319.84 was properly created and is a valid debt.

The Veteran's lumbar spine disability has been rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for higher ratings is denied.

The Board has determined that additional development is needed to obtain private treatment records and VA treatment records for the Veteran's lumbosacral disability and sleep apnea. The claims are being remanded for this purpose.

The Veteran's claim for an increased rating for service-connected right axilla scars was denied as the evidence did not meet the criteria for a higher disability rating. The issue of whether new and material evidence has been received to reopen service connection for right leg and hip disabilities, as secondary to back and left ankle disabilities, is no longer on appeal due to the severance of service connection for these conditions in a final September 2010 RO rating decision.

The Board has determined that the Veteran's claimed back disability, bilateral foot disability, and hypertension are not related to service. The claims for direct service connection have been denied.

The Board has found that further development is necessary to determine if the Veteran's death was caused by his service-connected disabilities or due to VA's failure to timely diagnose his lung cancer.

The Veteran seeks service connection for bilateral radiculopathy and neuropathy of the lower extremeties, which he claims are secondary to his service-connected lumbar spine disability. The claim is reopened.,The Veteran also seeks an evaluation in excess of 40 percent for his service-connected lumbar spine disability and TDIU.

The Board finds that the Veteran's current back disability is not related to his active service, and thus denies his claim for service connection.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, arranging for a VA examination, and considering all evidence of record.

The Board found that the Veteran's current low back disability is not etiologically related to his active service and that the incurrence or aggravation of thoracolumbar spine arthritis during active service may not be presumed.

The Board previously denied service connection for a low back disorder, and the case is being remanded to allow for further examination and consideration of the Veteran's assertions regarding when his symptoms began.

The Board has remanded the case for additional development due to incomplete records and potential need for further examination.

The Veteran's lumbar spine disability is manifested by painful motion, positive Goldthwaite's sign, degenerative changes, tenderness and paravertebral muscle spasms. The disability has not resulted in pronounced intervertebral disc syndrome with associated symptoms and little intermittent relief, separately compensable neurological impairment in either lower extremity, ankylosis, or excessive incapacitating episodes necessitating bed rest prescribed by a physician.

The Board found that the Veteran's current low back and right leg sciatica conditions are not related to his service, with the exception of a possible connection between the inservice injury and the degenerative process in the lumbar spine. The claims for service connection were denied.

The Board has remanded the case for further development due to a Joint Motion addressing continuity of low back symptoms since service.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and the claim for an earlier effective date for TDIU was also denied.

The Board found that the Veteran's currently diagnosed low back, neck, right knee, left knee, and headache disabilities are not related to service. The preponderance of evidence is against a finding that these conditions were incurred or aggravated during active duty.

The Veteran's claim for SMC at the housebound rate is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his TDIU rating based on one service-connected disability qualifies him for a total rating without requiring additional service-connected disabilities to meet the criteria.

The Board finds that the Veteran's back disorder was clearly and unmistakably pre-existing service, but was aggravated by active duty. The claim is granted.