Back / lumbar spine decisions — 2013

The Board denied the Veteran's claims for service connection for lower back disorder, left knee disorder, right knee disorder, and right hand disorder (carpal tunnel syndrome), finding that her current conditions were not incurred or aggravated by active service.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities are being remanded to the RO for additional development, including obtaining VA treatment records and arranging for examinations.

The Board has determined that service connection is granted for degenerative disc disease and post-laminectomy syndrome of the lumbar spine, as well as radiculopathy of the right lower extremity, both found to be directly related to active duty service.

The Veteran's claim for an increased rating for his mid back disorder, a musculoskeletal strain, is being remanded due to the need for additional examination and clarification of functional loss during flare-ups.

The Board has been notified of the appellant's withdrawal of his appeal and therefore, the appeal is dismissed.

The Veteran's hypertension and lumbar spine spondylosis at L3-4, L4-5, and L5-S1 were granted initial compensable ratings from August 1, 2006, to March 30, 2009.

The Veteran's low back disability is found to be as likely as not related to his military service, and the claim for service connection is granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of any diagnosed back and knee disorders.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his knee disabilities, but granted separate 10 percent ratings for instability of each knee.

The Veteran's lumbar spine disability was rated at 20 percent prior to March 27, 2001 and granted a 40 percent rating from March 27, 2001 through September 9, 2004. The Veteran is now rated at 20 percent for the period beginning September 10, 2004.

The Board has ordered additional development to gather missing VA treatment records and seek clarification on the examiner's opinion regarding the Veteran's back disorder. The claims will be reconsidered after this information is obtained.

The Board has ordered the case to be remanded for additional development due to incomplete records, specifically regarding treatment from Dr. J.H. and Trinity Clinic in Tyler, Texas.

The Board has determined that the Veteran's lumbar spine disability, including degenerative changes of the lumbar spine, was incurred during his active military service and grants service connection for this condition.

The Veteran's service-connected scoliosis of the lumbar spine has been characterized by pain and flexion limited to 40 degrees at worst, with no clinical evidence of incapacitating episodes or nerve conduction velocity/EMG studies indicating any radiculopathy. The Board finds that the preponderance of the evidence is against a rating in excess of 20 percent.

The Board denied the Veteran's claims for service connection for hypertension, a back disorder, and a bilateral foot disorder. The VA examiner found that hypertension was not incurred in or aggravated by service.

The Veteran's hypertension, residuals of a left shoulder injury, and chronic lung condition (claimed as bronchitis) are all granted. Service connection for DJD and DDD of the lumbar spine is also granted with an initial rating of 10%. The Veteran's arthritis of the right great toe and arthritis of the left great toe each receive an initial compensable rating.

The Board has granted service connection for a low back disability, finding that the Veteran's continuous symptomatology since active service supports this claim. For his left shoulder disability, the evidence does not establish service connection as it is unclear whether the condition was present during service or if it is related to sarcoidosis.

The Board found no evidence of a chronic lumbar spine disorder related to service and concluded that the Veteran's current low back problems are not connected to his military service.

The Veteran's appeal for service connection for chronic urinary tract infections and an initial compensable rating for thoracolumbar strain was denied. The Board found that there is no current evidence of a diagnosed disability related to these issues.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his right knee disability, the etiology of his lumbar spine disorder, and the nature and etiology of his claimed left foot gout.