Back / lumbar spine decisions — 2013

The Veteran's lumbar spine degenerative disc disease was not found to warrant a rating in excess of 20 percent, as his range of motion did not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine. His right and left leg neuritis were each rated at 10 percent.

The Board has determined that the Veteran's current back disability, including spondylolisthesis and spina bifida occulta, is due to a superimposed disease or injury during service. As such, service connection for this condition is granted.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to determine if the Veteran's low back disability is related to service.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and she has mild right lower extremity radiculopathy related to her lumbar spine disability. The rating for the lumbar spine disability remains unchanged.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including an examination and completion of VA Form 21-8940.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records from the VA Northern California Health Care System. A more contemporaneous VA examination to assess the current severity of his lumbar spine disability must be conducted.

The Board has granted service connection for right hip sclerosis. The remaining issues on appeal are remanded for further development.

The Board has reopened the Veteran's claim of service connection for a psychiatric disability and granted it. The Veteran is now entitled to VA benefits related to this condition.

The Veteran's claim for service connection for aseptic meningitis was denied in May 2008, and the decision is final. New evidence received since that time does not raise a reasonable possibility of substantiating the claim.,Service connection for degenerative lumbar spine disease and associated bilateral lower extremity radiculopathy has been granted with ratings of 10% each.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Veteran's claim for service connection for a low back disability has been denied. The issue of whether the severance of service connection for generalized anxiety disorder (claimed as PTSD) was proper is currently unresolved, and his claim for an initial compensable rating for generalized anxiety disorder from April 29, 2009 to August 1, 2012 remains denied.

The Veteran's appeal is being remanded for additional development, including obtaining SSA and workers' compensation records, as well as a VA examination. The issues include increased ratings for low back strain and cervical strain, and TDIU.

The Veteran's claims for service connection for left ankle, right ankle and lumbar spine disabilities are being remanded due to inadequate examination reports. The examiner is requested to provide opinions on whether the service-connected right knee disability has aggravated these conditions.

The Board has remanded the case due to insufficient review of private treatment records and lay statements, and a need for an addendum from the August 2011 VA examiner.

The Veteran's service-connected herniated disc disease of the lumbar spine with status post-surgery at L5-S1 has been evaluated as 40 percent disabling prior to November 15, 2011. The Board finds that this evaluation is appropriate based on the evidence showing forward flexion greater than 30 degrees but not greater than 60 degrees and no ankylosis.

The Veteran's claims for increased ratings have been denied as the evidence does not show that his service-connected conditions warranted higher evaluations prior to July 8, 2003.

The Board found no evidence of a right hip disorder, left hip disorder, lumbar spine disorder, heart disorder (to include hypertension), or left lower extremity sciatica and numbness that were incurred in or aggravated by service.

The Board has determined that the Veteran's current low back disorder, other than SIJD, is aggravated by his service-connected right knee disability. The claim for a right hip disorder is remanded for additional development.

The Board has remanded the claims of service connection for low back and cervical spine disorders due to outstanding service hospital records and updated VA medical records. The case will be returned to the AMC for further development.

The Board has reopened the claim for service connection for a low back disorder with spasms, finding that new and material evidence has been submitted. The cervical spine disorder is not related to active duty service or a service-connected disability. The Veteran's temporomandibular dysfunction, residuals of fractured mandible, is rated as 20 percent disabling since December 21, 2012.