Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's claims to reopen his service connection for low back disorder and right knee disorder have been denied as there is no new and material evidence presented.

The Board has remanded the case for additional development, including obtaining VA medical records and providing an addendum to the December 2012 VA examination. The Veteran's representative will be provided with an opportunity to review the claims folder.

The Veteran's service-connected degenerative disc disease at L5-S1 with a bulging disc is productive of orthopedic impairment and neurological symptoms, including erectile dysfunction, bowel incontinence, bladder incontinence, and right shoulder AC joint separation. The claims for increased ratings and secondary service connection are granted.

The Board has remanded the case to the RO for additional development, including obtaining SSA disability records and Vocational Rehabilitation file. The TDIU claim is also added.

The Board found no evidence to support service connection for a low back disability or arthritis of the lumbar spine, as there was no in-service injury and current conditions are not related to service.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Veteran's claims for increased disability ratings are being remanded to obtain additional medical examinations and to obtain outstanding VA and private treatment records.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, and/or protecting himself from the hazards of his environment. The Board finds that he is in need of the regular aid and attendance of another person.

The Board denied the Veteran's claims for increased ratings for his service-connected right knee chondromalacia patella, left knee effusion, and bilateral sensorineural hearing loss. The Veteran's lumbar strain/myositis, left shoulder degenerative joint disease with impingement, and plantar fascia fibromatosis were all rated as 20 percent disabling.

The Veteran's service-connected disabilities, including a low back disorder and right knee disorder, have rendered him in need of regular aid and attendance. As such, he is entitled to special monthly compensation based on the need for aid and attendance.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disability. The Board finds it is as likely as not that the Veteran's lumbar spine disorder was incurred during his period of active military service, thus granting service connection.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected disabilities. The case will also be referred to the Director of Compensation and Pension Services for consideration of an extra-schedular rating for residuals of a fracture of the left tibia and fibula.

The Board has determined that arthritis of the Veteran's lumbar spine had its onset during active military service and grants service connection for this condition.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine was granted, with a 10 percent rating effective December 9, 2008. The claim for hepatitis B service connection is addressed in the REMAND portion.

The Board denied the Veteran's claim for service connection of chronic lumbosacral strain, finding that his condition existed prior to service and did not increase in severity during service.

The Board has remanded the case due to scheduling issues, and no specific rating or effective date is provided.

The Board found that the Veteran's bilateral pes planus did not worsen during service and denied his claim for service connection. The back disorder was also denied as there is no evidence of a current disability related to service.

The Veteran's service-connected low back disability has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, or by incapacitating episodes having a total duration of at least 6 weeks during a 12 month period. Therefore, the criteria for entitlement to a disability rating in excess of 40 percent have not been met.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the combined impact of his service-connected disabilities on his employability and considering whether referral for an extraschedular TDIU is warranted.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective January 22, 2007. The Board has granted a higher rating of 50 percent for the period from March 5, 2009 to present.