Back / lumbar spine decisions — 2013

The Veteran's DDD was granted with a 10 percent initial evaluation effective April 7, 2008. Service connection for hypertension was denied.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral spine disability was denied. The current rating of 40 percent is maintained.

The Board found that the Veteran's lumbosacral strain with arthritis does not meet or approximate the criteria for a disability rating in excess of 40 percent, as he did not have ankylosis. The current evaluation is therefore denied.

The Veteran's claims for service connection were denied as there is no evidence of a chronic disability manifested by gastrointestinal problems, sleep impairment, joint pain (other than fibromyalgia), or low back disability that was incurred in active service.,There are no objective indications of chronic disabilities resulting from undiagnosed illnesses or medically unexplained multisymptom illnesses.

The Veteran's claims for higher initial ratings for lumbar degenerative disc disease and left leg radiculopathy were granted, with a 40 percent rating assigned for the latter condition.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's low back disorder is related to service or aggravated by his service-connected knee disorders.

The Veteran's claim for a higher disability rating for her lumbosacral spine condition was denied. The Board found that the evidence did not support a rating greater than 20 percent.

The Veteran's appeal for service connection of a low back disability was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's service-connected disabilities, effective February 24, 2010, have rendered him unable to secure and follow substantially gainful employment.

The Veteran's claims for service connection for low back, right hip, and shortened right leg disabilities are being remanded due to the need for additional development.

The Board finds that the Veteran does not have a current diagnosis of a right upper extremity neurological disability and thus, service connection for this condition is denied.

The Board has determined that the Veteran's residuals of frostbite of the hands and feet were incurred during active service, as evidenced by his reported history of cold exposure in Germany and subsequent symptoms.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional medical examinations and development of records.

The Veteran's claim for a higher rating for degenerative disc disease at L5-S1 is being remanded due to the need for additional examination and evaluation.

The Veteran's right hip degenerative joint disease and spondylolisthesis of the thoracolumbar spine are rated at 30 percent before July 2, 2010, and at 40 percent from that date. The decision grants these ratings.

The Board has denied the Veteran's claims for service connection for left lumbar radiculopathy (back disorder) and left hip sprain (leg condition), finding no positive nexus between these conditions and his service or to a service-connected disability.

The Veteran's lumbosacral spine disability has been manifested by forward flexion to no less than 70 degrees and combined range of motion of 267 degrees, accounting for pain on motion and after repetition; however, there was no muscle spasm or guarding resulting in abnormal gait or abnormal spinal contour. The Veteran's lumbosacral spine disability did not meet the criteria for an increased evaluation in excess of 10 percent.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral radiculopathy of the left lower extremity is being remanded due to the need for a more contemporaneous examination and consideration of SSA records.

The Veteran is seeking service connection for back, left hip, and left knee disorders that he claims are secondary to his service-connected postoperative osteochondritis dissecans of the left ankle with posttraumatic arthritis. The case has been remanded due to the need for clarification on whether a hearing before the Board is desired and for additional VA examinations.