Back / lumbar spine decisions — 2013

The Veteran's claims of service connection for lumbosacral spine, cervical spine, and radiculopathy disabilities are being remanded due to the need for additional development regarding whether his right shoulder dislocation has caused or made worse these conditions.

The Board finds that the Veteran's bowel and bladder disabilities are not related to his service-connected degenerative changes of the thoracolumbar spine. The November 2012 VA examiner opined that it is less likely as not that these conditions were either caused (in whole or in part) or aggravated by his service-connected lumbar spine disability.

The Board has remanded the case due to inadequate medical opinion regarding service connection for a low back disability. The Veteran's lay statements and in-service injury are considered, but further examination is needed.

The Veteran seeks service connection for various conditions, including bilateral pes planus and its secondary effects. The case is being remanded to obtain a new VA examination of the Veteran's bilateral pes planus.

The Veteran's claim for service connection for spondylosis of the thoracolumbar spine has been granted. The claims for allergies, hearing loss, glaucoma, and rheumatoid arthritis and/or arthritis of the cervical spine, elbows, wrists, and hips have also been granted with appropriate ratings. Other claims were denied.

The Veteran's service-connected lumbar spine disorder and thoracic spine disorder are not rated higher than the current assigned ratings of 40 percent for the lumbar spine disorder and 20 percent for the thoracic spine disorder.

The Veteran's lumbar strain limits forward flexion to 35 degrees at worst, but does not result in incapacitating episodes or neurological impairment. The criteria for a higher rating than 20 percent have not been met.

The Board has determined that a remand is necessary to obtain updated VA and private treatment records, as well as an additional VA examination. The Veteran's claim for increased disability rating for his service-connected residuals of a low back injury and TDIU are also being remanded.

The Board has denied the Veteran's claims for service connection for cervical spine degenerative joint disease with left arm radiculopathy and lumbar spine degenerative joint disease due to a lack of new and material evidence. The claims were previously denied in August 2007, and no new or material evidence was submitted within one year of that decision.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine was denied as there is no evidence of moderate or severe limitation of motion, incapacitating episodes, or associated neurological disability. The current rating of 20 percent adequately reflects the severity of the Veteran's condition.

The Veteran's appeal is being remanded to the RO for further development, including a new VA examination to assess the current severity of his service-connected degenerative disc disease of the lumbar spine and any associated neurological manifestations.

The Veteran's claim for an increased rating and TDIU remains pending. The Board has ordered additional development to determine the current severity of his service-connected low back disability and to address his TDIU claim.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease (DDD) of the cervical spine and remanded it for further development, including obtaining updated VA treatment records and arranging for a medical examination.

The Board finds that the Veteran's back disability is related to his active service, granting service connection.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a back disorder, thus denying the reopening of this claim.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The Veteran's claims of service connection for a left hip disability, an increased evaluation for her lumbar spine disability, and TDIU are currently on appeal.

The Veteran's service-connected orthopedic manifestations of mechanical low back pain have been rated at 40 percent for the period from September 14, 2008 to November 1, 2011.

The Board found no evidence of a current disability in the claimed conditions and determined that they were not incurred during service.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service, and concluded that it is less likely than not related to his service-connected left leg disability.

The Board found that the Veteran's low back and bilateral knee disabilities were not incurred or aggravated by active duty service.,The VA examiner concluded in a July 2012 addendum report that the Veteran's low back and bilateral knee disorders were not due to service.