Back / lumbar spine decisions — 2013

The Veteran's service-connected back disability, PTSD with depressive disorder, and other disabilities rendered her unable to secure or follow a substantially gainful occupation as of June 8, 2005. The effective date for the grant of TDIU is therefore set at that time.

The Board has remanded the case for further development and reconsideration on the merits.

The Board has remanded the Veteran's claims for additional development due to incomplete personnel records and need for further examination regarding his claimed thoracolumbar spine, right knee, and left knee disabilities. The case will be reviewed again after all necessary actions are taken.

The Board found that the Veteran's lumbar spine disability, including osteoporosis and degenerative disc disease, is not related to his service or any incident therein.

The Board has remanded the case for further development, including obtaining VA and private treatment records, scheduling a VA psychiatric examination, and providing the Veteran with a supplemental opinion regarding his psychiatric disability claim.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's initial claim for higher ratings for his low back disability and associated radiculopathy was granted, with a 40% rating effective July 14, 2012.

The Veteran's claim for a compensable initial rating for penile deformity with loss of erectile power is denied as there is no evidence of such condition.,Service connection for the Veteran's back disorder, to include as secondary to service-connected Reiter's syndrome, is granted.

The Veteran's claim for increased ratings was denied. The lumbar spine disability is rated at 20 percent effective November 9, 2012. The radiculopathy of the lower extremities and dysthymia/major depressive disorder remain at their current assigned ratings.

The Veteran's service-connected lumbar spine disability is currently manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees prior to October 31, 2012, and by forward flexion of 30 degrees or less thereafter. The RO granted a 20 percent rating for this disability as of October 30, 2001.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative disc disease, is at least as likely as not aggravated by a June 1995 injury during Active Duty for Training (ACDUTRA) with the Army National Guard. The claim is granted.

The Veteran's appeals have been withdrawn by the appellant, and thus all issues are dismissed.

The Board finds that the Veteran's current back and neck disabilities are not related to his active service. The earliest clinical evidence of these conditions is from 2007, more than 49 years after separation from service.

The Board found that the Veteran's low back disability did not have its onset in service, was not exhibited within the first post-service year, and is not otherwise related to active military service. The Board concluded that her current low back disability was not caused or made worse by a service-connected disability.

The Board found no evidence of a thoracolumbar spine injury or disease in service, and that the onset of a thoracolumbar spine disability did not occur until years after separation. The Veteran's claim for service connection was denied.

The Board has remanded the case for additional development to obtain VA and private treatment records, as well as to provide an updated medical opinion regarding the Veteran's claim.

The Board has canceled two hearings scheduled for the Veteran and has now requested a video conference hearing due to the appellant's request. The appeal is being remanded.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of his military personnel records.

The Board finds that the Veteran's degenerative joint disease (arthritis) and degenerative disc disease of the lumbar spine are chronically aggravated by his service-connected calcaneal spur, status post right foot injury with residual pain. As a result, the claim for service connection is granted.

The Veteran's service-connected lumbar spine disability has been manifested by chronic pain and intermittent radiating pain to the lower extremities, with limited range of motion. The evidence does not support a higher rating as there is no limitation of flexion to 30 degrees or less for the entire appeal period.