Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's current low back strain, scoliosis, and rotoscoliosis are related to his active service.

The Board denied the Veteran's claims for higher initial ratings and earlier effective dates, finding no new evidence to reopen or support service connection for various conditions. The appeals were dismissed.

The Board has determined that there is no evidence of a chronic foot disability, bilateral hearing loss, back disability (including arthritis), deviated tracheobronchial tree, or chronic body pain condition during service. The Veteran's current diagnoses are not linked to his military service.

The Board has granted service connection for degenerative disc disease of the lumbar spine, right knee disorder, diabetes mellitus, and sleep apnea. Service connection for hypertension was not established.

The Board has reopened the Veteran's claims for service connection for low back disorder and bilateral foot disorder, but will remand to determine if these claims are well-grounded.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining relevant medical records. The primary issue is whether the appellant's low back disorder is related to his service-connected bilateral knee disability.

The Veteran's appeal was dismissed due to his death.

The Board found that the evidence submitted since the April 2003 rating decision is cumulative and redundant, thus not new and material. As a result, the application to reopen the claim for service connection for low back strain was denied.

The Board has determined that the Veteran's back disorder, depression, and bilateral leg disorder were not incurred in or aggravated by service. The claims for secondary service connection have also been denied.

The Board has determined that additional development is needed to determine the Veteran's service connection claims for his feet and back disability, including whether he suffered cold injuries in Korea during service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the Veteran's cervical spine disorder. The claim will be considered on an extraschedular basis if deemed necessary.

The Board denied service connection for both the low back disability and the residuals of a circumcision.

The Veteran's service-connected chronic musculoligamentous low back sprain (to include groin pain) was granted a disability rating of 20 percent effective September 29, 2008.

The Board found that the Veteran's lumbar spine disability, claimed as a chronic low back strain with mild degenerative changes, was not related to his active service. The residuals of a fractured nose and tension headaches were also not shown to be related to his service.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine with disc space narrowing at L5-S1 was incurred during service and is related to his in-service low back injury.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is currently rated as noncompensable, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected neurogenic bladder disability has been assigned an initial compensable rating from August 1, 2006 through June 20, 2010. The Veteran's current condition warrants a staged rating of 60 percent effective June 21, 2010.

The Veteran's low back disability has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician, or neurological impairment relating to bowel or bladder. Therefore, his claim for a rating in excess of 40 percent for a low back disability is denied.

The Board has remanded the claims due to incomplete development of records from private healthcare providers and VA clinics. The Veteran is advised to provide authorization for these records.

The Board denied the Veteran's claims for service connection for a right foot disorder, an initial rating in excess of 10 percent for lumbar strain, and a compensable rating for left meralgia paresthetica.

The Veteran's back disability is rated at 40 percent disabling effective August 4, 2011. The left and right lower extremity neurological disabilities are each rated at 10 percent disabling.