Back / lumbar spine decisions — 2013

The Board has reopened the Veteran's claim of service connection for a lumbar spine disability and granted service connection based on direct evidence showing that his current condition is related to injuries sustained during active service.

The Veteran's cervical spine disability was found to have manifested in pain and limitation of motion, with forward flexion limited to 40 degrees. The Board determined that the current 30 percent rating for this period is appropriate.

The Board has determined that the Veteran's current back disorder is proximately due to or the result of his service-connected left knee patellofemoral arthritis, and thus grants service connection for degenerative disc disease of the thoracolumbar spine.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration records and scheduling him for VA examinations to evaluate the severity of his service-connected disabilities.

The Board denied service connection for bilateral knee disabilities, but granted a 10 percent rating for gastric ulcer with Barrett's esophagus and intestinal metaplasia effective September 21, 1998. The Veteran's low back disability was also granted service connection as secondary to his service-connected pes planus.

The Board finds that the Veteran's service-connected disabilities, including her back and knee conditions, prevent her from securing or maintaining substantially gainful employment. The criteria for a TDIU evaluation are met on an extra-schedular basis.

The Board has determined that the Veteran's low back disorder and bilateral hip disorder are not related to her service or a service-connected disability.,VA examined the Veteran multiple times, including in May 2010 and June 2011, who found no evidence of a direct relationship between the Veteran's current conditions and her military service.

The Board has granted service connection for the Veteran's low back disability, bilateral shoulder disability, and psychiatric disability. The rating assigned is 10 percent, effective as of April 28, 1995.

The Veteran's lumbar spine disability is rated at 40 percent since December 2, 2006. The Board finds that the evidence is at least evenly balanced as to whether his symptoms have most nearly approximated flexion limited to 30 degrees or less during this period.

The Board has remanded the case for additional development due to incomplete records and need for further medical opinions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of secondary service connection for his cervical spine and left upper extremity conditions.

The Board has determined that there is at least a 50% likelihood (equipoise) that the Veteran's back and right hip disabilities are caused by his service-connected left knee disabilities. Therefore, these claims have been granted.

The Veteran's appeal is remanded for further development, including obtaining updated treatment records and scheduling a VA examination to determine the current severity of his service-connected degenerative disc disease of the lumbar spine with history of sciatic nerve injury. The RO must also consider whether separately evaluating the orthopedic and neurological components would warrant a higher rating.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development and clarification of opinions from previous examiners.

The Board denied the Veteran's claim as his current low back disability is not etiologically related to service, and arthritis did not manifest within one year of separation from active service.

The preponderance of the evidence does not support a finding that the Veteran's current low back disability is related to his military service, including carrying heavy equipment and being struck by a radio during an in-service motor vehicle accident. The VA examiner concluded it was less likely than not that his back condition was due to his military service.

The Board has granted service connection for the Veteran's fracture of the anterior portion of the T3 and T4 vertebrae, finding that it is at least as likely as not incurred in service. The claim for an increased rating for lumbar spine DDD remains pending.

The Veteran's right foot disability, specifically osteoarthritis of the first and second metatarsophalangeal joints, is rated at 20 percent disabling. The decision also granted service connection for mild spondylolisthesis L5-S1 (claimed as low back condition) and osteoarthritis of the left knee.

The Veteran's appeal for service connection for an eye disorder has been withdrawn. The Board finds no evidence of a current hearing loss disability under VA guidelines, thus denying the claim for bilateral hearing loss. Service connection is granted for tinnitus as it was incurred during active duty and continues to persist.

The Board has determined that the Veteran's lumbar degenerative joint disease does not warrant a rating in excess of 20 percent.