Back / lumbar spine decisions — 2013

The Veteran's appeal on the issue of increased rating for lumbar spine disc herniation at L4-L5 and L5-S1 was dismissed due to his withdrawal during a hearing. The cervical spine disability claim is remanded for further action.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for examinations to assess the severity of his service-connected disabilities.

The Veteran's tinea versicolor claim is remanded for a VA examination to determine the current severity of his skin disorder.,The Veteran's back disorder (including scoliosis and sacroiliitis) claim requires additional medical opinions regarding whether these conditions are related to service or pre-existing defects aggravated by service.,The Veteran's right knee disorder claim is remanded for a VA examination to determine the etiology of his current right leg/knee disorders, including sleep apnea.,The Veteran's sleep apnea claim requires an opinion on whether it is related to service. The pes planus claim is also remanded as new and material evidence has been received.

The Veteran's appeal is being remanded for a Travel Board hearing. His claims for increased ratings and SMC benefits are pending.

The Veteran's claim for service connection for a low back disability and an acquired psychiatric disorder, to include PTSD, was denied as there is no competent evidence linking these conditions to his military service.

The Board has determined that an additional VA examination and medical opinion are necessary to determine the nature and etiology of the Veteran's current low back disorder, including whether it is related to his service-connected knee disabilities or military service.

The Board has determined that the Veteran's claims for service connection for various conditions, including right and left knee degenerative joint disease, a low back disability, hemangiomas (claimed as brain and spinal tumors), headaches, hepatitis C, and a respiratory disorder, have been denied. The appeal is based on new evidence received to reopen service connection for a low back disability.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's low back disability is proximately due to or aggravated by his service-connected allergic rhinitis.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge via video conference at his local RO.

The Veteran's service-connected degenerative disc disease at L4-L5 with associated numbness and tingling of the left lower extremity was granted a temporary evaluation of 100 percent from August 25, 2006 to October 31, 2006. From November 1, 2006 onwards, he is rated at 20 percent for his disability.

The Board denied service connection for a low back disability and a chronic acquired psychiatric disability, finding that the evidence did not support a causal relationship between these conditions and active service.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or at the housebound rate was denied as her service-connected disabilities do not render her in need of such benefits.

The Board denied the Veteran's claims for increased ratings for his low back disability, finding that the evidence did not support a rating in excess of 20 percent prior to March 20, 2012 and found no basis for a higher rating since that date.

The Board has determined that the Veteran does not have a current thoracolumbar spine disorder or cervical spine disorder related to service. The claim for these conditions is therefore denied.

The Board has remanded the case for additional development, including obtaining SSA and Workman's Compensation records, scheduling an examination to assess the Veteran's employability due to his service-connected disabilities, and considering whether staged ratings are warranted.

The Veteran's service-connected bilateral pes planus is rated at 30 percent, effective from the date of the claim. The issue of an increased rating for his back disability remains pending and will be remanded.

The Board has decided to remand the case for further development, including obtaining SSA records and requesting a rationale from the private physician who provided an opinion regarding the Veteran's back disorder.

The Veteran's service-connected disabilities did not prevent him from maintaining substantially gainful employment prior to April 6, 2010.

The Veteran's service-connected lumbar spine disability has not been productive of limitation of forward flexion of the thoracolumbar spine to 30 degrees or less, nor ankylosis of the entire thoracolumbar spine. The Veteran's disability rating for his lumbar spine disability remains at 20 percent.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling for DJD. The Board finds that the evidence does not support a higher rating.