Back / lumbar spine decisions — 2013

The Veteran is seeking service connection for a back disorder, which he claims was incurred during his military service. The Board has remanded the case to obtain additional medical records and conduct further examination.

The Veteran's service-connected lumbar strain is currently evaluated as 10 percent disabling, and the evidence does not support a higher rating.

The Board has determined that the Veteran's VA Form 9 was timely filed, and thus service connection for a back disability is granted.

The Veteran's service-connected osteoarthritis of the lumbar spine with degenerative disc disease has not resulted in limitation of flexion to 30 degrees or less, nor ankylosis of any portion of the spine. There have been no incapacitating episodes.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20% based on its impact on his ability to perform daily activities and work, with no additional rating for neurological involvement in the left lower extremity.

The Board has determined that the Veteran's lumbar spine disability and heart disorders are service-connected as they were incurred during his active duty service.

The Board found that the Veteran's back disability did not have its clinical onset during service and is not otherwise related to active service. The claim for service connection was denied.

The Veteran's claim for an increased evaluation in excess of 20 percent for lumbosacral strain is being remanded due to the need for a new VA examination and additional development related to her FMLA leave request.

The Veteran's degenerative disc disease at L4-5 and L5-S1 was rated as 10 percent disabling prior to September 18, 2008.

The Veteran's L4-S1 fusion surgery required six months of convalescence, but further doctor-mandated convalescence was not demonstrated and the surgery did not result in severe postoperative residuals or immobilization. The criteria for a temporary total disability rating beyond February 29, 2008 based on need for convalescence following surgical treatment were not met.

The Board found that the Veteran's current lumbar spine and right shoulder disorders did not have their onset during any period of active duty service, and there is no evidence linking these conditions to his military service. The claims for an acquired psychiatric disorder (to include PTSD) were also denied.

The Veteran's claim for increased ratings and TDIU was granted, with a 10 percent rating assigned for left knee chondromalacia. The claims for service connection were denied.

The Board found that the Veteran's low back disability is not related to his active service and denied his claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and considering all evidence received since the last supplemental statement of the case.

The Board has determined that the Veteran's lumbar, thoracic, and cervical spine disabilities are not related to service. The evidence does not support a finding of in-service injury or disease leading to current disability.

The Veteran's lumbar degenerative disc disease with bulging discs was found to be manifested by pain, tenderness, and limited forward flexion prior to June 4, 2013. On and after June 4, 2013, the disability was primarily characterized by pain and a reduced range of motion. The Veteran's disability did not meet or approximate the criteria for a higher rating.

The Board finds that the Veteran's current back disability is directly related to his military service and also aggravated by his service-connected bilateral knee and right foot disabilities. The evidence does not support a finding of a bilateral hip disability incurred in or aggravated by active military service.

The Veteran's lumbar spine disability with radiculopathy resulted in marked interference with employment and presented an exceptional or unusual disability picture, warranting a 40 percent rating on an extraschedular basis for the period prior to July 23, 2010.

The Board has remanded the case for further development due to the need to obtain relevant prison medical treatment records and provide an addendum opinion from a VA examiner.

The Board has determined that the Veteran does not have a bilateral knee disability or low back disability that is related to his military service. The arthritis of the knees was not shown within one year after separation from service, and there is no evidence linking the current disabilities to service.