Back / lumbar spine decisions — 2013

The Board denied an initial evaluation greater than 20 percent for the Veteran's service-connected back disability. The issue was remanded multiple times, and after additional development, the RO granted separate evaluations for left lower radiculopathy (10%, 20%, 60%) and right lower radiculopathy (20%).

The Board found that the Veteran's current lumbar spine disorder is not related to his military service and denied his claim.

The Board denied all increased evaluations of appeal for right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain.

The Board found that the Veteran's claimed conditions were not shown in service or for many years thereafter, and are unrelated to active duty service or to a service-connected disability. Therefore, his claims for service connection were denied.

The VA has granted an initial rating of 40 percent for the appellant's service-connected low back disability, effective December 7, 2004. The VA also granted a total rating based on individual unemployability due to service-connected disability, effective November 18, 2010.

The Board has remanded the case for additional development, including obtaining medical records from Davis Monthan Clinic and providing an opinion regarding whether the Veteran's service-connected residuals of a total abdominal hysterectomy aggravated her low back disorder.

The Veteran's posttraumatic stress disorder is found to have originated during his service in Afghanistan, and the Board grants service connection for this condition.

The Board found that the Veteran's back, left shoulder, and left lower extremity disabilities did not have onset in service or within one year of service and were not caused or aggravated by his active service.

The Board has remanded the case for additional development, including obtaining a clarifying opinion from a VA examiner regarding whether the Veteran's current back disorder is caused or aggravated by his service-connected cervical spine disability.

The Veteran's service-connected disabilities (coronary artery disease and degenerative disc disease of the lumbar spine) do not prevent him from securing or following substantially gainful employment.

The Veteran's service-connected disabilities, including hepatitis C, status-post left femur fracture with avascular necrosis of the left hip, and back condition associated with the hip disability, have rendered him unable to secure or follow a substantially gainful occupation since January 2005.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had been received to reopen several of his claims. The effective date for PTSD was not established due to a finding of no CUE.

The Veteran's lumbosacral spine disability is rated at 40 percent, and the claim for a higher rating remains denied.,An effective date of September 24, 2005, has been granted for the grant of separate ratings for left and right lower extremity radiculopathy.,The Veteran's claims for increased ratings for his left and right lower extremity radiculopathy remain denied.,Evidence submitted to reopen the service connection claim for a psychiatric disability is considered new and material, but the preponderance of evidence does not support a finding that the Veteran has a current psychiatric disorder related to service or a service-connected disability.,The Veteran's total disability rating based on individual unemployability due to service-connected disability remains remanded.

The Board has reopened the claims for service connection for low back pain and headaches due to new and material evidence. However, further development is needed prior to adjudication of these issues.

The Veteran's osteoarthritis of the lumbosacral spine is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the evidence provided.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination. The claim will be reviewed again based on the newly obtained evidence.

The Board denied the Veteran's claims for service connection for right knee, left knee, and low back disorders as secondary to his service-connected bilateral pes planus. The claim for PTSD was also denied due to lack of credible supporting evidence that the claimed stressor actually occurred.

The evidence does not show that the Veteran's service-connected back disability is primarily manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of thoracolumbar spine motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The evidence also does not show that the Veteran experienced any incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks due to his back disability.

The Board found that the proposed reduction from a 40 percent to a 20 percent rating for the service-connected thoracolumbar spine disability was improper due to lack of evidence demonstrating sustained, material improvement in the Veteran's condition under ordinary conditions of life.