Back / lumbar spine decisions — 2013

The Veteran's service-connected left ankle strain, DJD of the left knee previously tendonitis, postoperative (P/O), DJD of the right knee previously tendonitis, postoperative (P/O), and DJD of the right knee with limited extension are all rated at 10 percent. The cervical spine DDD and DJD is rated at 10 percent.

The Veteran's lumbar spine disability is rated at 60 percent, and his radiculopathy of the bilateral lower extremities warrants a separate evaluation of 20 percent as of March 30, 2007.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The Board found that the Veteran does not have a separate ratable neurologic condition, specifically bladder impairment, related to his service-connected low back disability and denied the claim for a separate disability rating.

The Board found that the Veteran's bowel, bladder, nerve damage, spinal cord damage with residual low back disability, hip, knee, erectile dysfunction, immunity disorder, and spleen disabilities are not related to his military service or service-connected PTSD.

The Board found that the Veteran's current low back disorder is unrelated to her military service, including especially to her purported slip-and-fall injury in Hanau, Germany.

The Veteran's chronic left shoulder strain and degenerative disc disease and degenerative joint disease of the cervical spine are found to be related to service-connected disabilities, thus granting service connection on a secondary basis.

The Veteran's service-connected low back disability and manic depressive reaction render him unable to obtain and maintain substantially gainful employment.

The Board finds that the Veteran's lumbar spine disorder is related to service and grants entitlement to service connection.

The Veteran's appeal is being remanded due to the need for additional medical records and further development of his claims, including a determination on whether he is entitled to a TDIU.

The Board found that there is no evidence of a direct relationship between the Veteran's current low back disability and his service, as well as insufficient medical opinion to support a finding of service connection for any psychiatric disability. The claims were therefore denied.

The Board found that the Veteran's current back disability is related to service, and granted his claim for service connection.

The Board found no evidence linking the Veteran's current back strain and lumbar osteoarthritis to his time in service, including a diagnosed muscle strain during active duty. The examiner concluded that any link between these conditions and service was doubtful.

The Board has decided to remand the case for additional development due to incomplete service records and conflicting statements regarding a motor vehicle accident during service.

The Veteran's claims for service connection for chronic bronchitis have been reopened. However, his increased rating claims for degenerative disease of the lumbosacral spine and bilateral hearing loss disability remain denied.

The Veteran's bipolar disorder is related to his service-connected cervical myositis and bulging disc, thoracic discogenic disease and lumbosacral bulging disc, neurodermatitis, post-inflammatory hyperpigmentation (previously an unspecified skin condition of the bilateral calves and forearms), obstructive sleep apnea, and residuals of a left ankle fracture. The Veteran's cervical myositis and bulging disc, thoracic discogenic disease and lumbosacral bulging disc are granted with initial ratings in excess of 10 percent.

The Board finds that the Veteran did not incur an injury involving the spine, upper or lower extremities, or genitourinary system during active service. The symptoms of residuals from a rocket fragment wound to the thoracolumbar spine are not chronic and have not been unremitting since service separation.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records and scheduling a VA examination to assess the current severity of his service-connected back disability.

The Board found that there is no evidence showing hypertension manifested during service or within one year of separation, and thus denied the claim for service connection. The Veteran's right hip disorder and low back disorder claims are not currently on appeal as they were addressed in a separate decision.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the RO in St. Petersburg, Florida.