Back / lumbar spine decisions — 2013

The Board has granted a 20 percent evaluation for the service-connected DDD of the lumbar spine and a separate 10 percent evaluation for left lower extremity radiculopathy, effective from March 6, 2009.

The Veteran's claim for service connection for chronic sinusitis was denied. The issue of entitlement to an initial evaluation in excess of 20 percent for degenerative disc disease and spondyloarthritis of the lumbar spine remains pending.

The Board has granted an effective date of March 21, 2000 for the assignment of a separate 10 percent rating for a tender surgical scar on the mid line of the back associated with degenerative changes and disc disease of the thoracolumbar spine with left hip pain.

The Veteran's peripheral neuropathy was not incurred or aggravated by service, and the Board found no evidence of a nexus to herbicide exposure. The back disorder claim is inextricably intertwined with the peripheral neuropathy claim.

The Veteran's service-connected degenerative disc disease of the lumbar spine is associated with neurological impairment in both lower extremities, which more nearly approximates mild incomplete paralysis. Therefore, separate 10% evaluations are granted for each leg.

The Veteran's initial ratings for bronchitis and lumbosacral strain were granted, with the Bronchitis receiving a rating of 10 percent effective January 13, 2009. The Veteran was also awarded TDIU from May 9, 2002 to April 5, 2005.

The Board has remanded the case for additional development due to outstanding records and potential errors in previous decisions.

The Veteran's claims for increased ratings and TDIU were denied. The claim for service connection for right hip disorder and low back disorder was referred to the RO.

The Board found that the Veteran's current low back disorder, including degenerative disc disease L5-S1 and herniated disc at L4-5, was aggravated by his service-connected instability of the right knee.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's low back disability and acquired psychiatric disorder, as well as whether these conditions are service-connected.

The Board has determined that the Veteran's current low back disorder, including ankylosing spondylitis and degenerative disc disease, is related to his active military service. The claim for service connection is granted.

The Veteran's service-connected disabilities, including right shoulder bursitis, left shoulder bursitis, thoracolumbar spine disability, sinusitis, eosinophilic granule residuals, and cervical diskectomy with mild loss of range of motion, have resulted in a combined rating of 70 percent as of May 1, 2009. The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities precluding him from securing or following a substantially gainful occupation.

The Veteran's disability rating for DJD of the lumbar spine is denied as her symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's claim for service connection of a back disability is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling an orthopedic VA examination.

The Board has determined that the Veteran's low back disorder and right knee disorder were not incurred or aggravated in service, nor are they related to his service-connected left knee disorder. The claims for service connection have been denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining updated treatment records, arranging for VA examinations, and conducting a Social and Industrial Survey.

The Board has reopened the claims for service connection for lumbar spine stenosis, left foot injury, and stomach disorder. However, it is unable to establish a direct link between these conditions and service.

The Board has remanded the case for further development, including obtaining information about the Veteran's specific dates of service and any relevant medical records. The Veteran will also be provided an opportunity to respond after the additional development is completed.

The Veteran's degenerative disc disease of the lumbar spine from November 19, 2010 is rated at 40% due to limitation of flexion to 30 degrees and no evidence of favorable ankylosis or incapacitating episodes requiring bed rest.

The Veteran's appeal is being remanded for additional examinations and development of his claims due to increased severity of symptoms since the last VA examination.