Back / lumbar spine decisions — 2013

The Veteran's low back disorder was productive of not more than moderate impairment with appreciable limitation of motion, but he was shown to have flexion to at least 90 degrees, with no muscle spasm or neurological component objectively shown, and no additional limitation of function from incoordination, excess fatigability, pain, or weakness. Therefore, a rating in excess of 20 percent for lumbar spine spondylolisthesis was not met during the period from August 31, 2006, through May 3, 2007.

The Board has decided to remand the case due to the need for additional development of records, including private treatment records from various facilities. The Veteran's claim will be reconsidered based on all available evidence.

The Veteran's service-connected cervical spine and low back disabilities have not met the criteria for higher initial disability ratings from September 26, 2003.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for a higher rating for lumbosacral strain from February 27, 2009 was denied. The appeal is also pending for total disability based upon individual unemployability.

The Veteran's residuals, right knee injury, status post total knee arthroplasty, are rated at 60 percent from April 1, 2006 to December 5, 2012.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for shoulder and back disorders. The Veteran's claims will be returned for further development.

The Board has determined that the Veteran's current low back disorder is related to his in-service injury and symptoms have been unremitting since service. As such, the claim for service connection for a low back disorder is granted.

The Veteran withdrew his appeal for the ratings assigned for low back disability and left lower extremity radiculopathy in September 2013.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy are currently rated at their maximum allowable under VA rating criteria, with no additional compensation awarded.

The Veteran's service-connected back disability and radiculopathy do not result in the permanent loss of use of one or both feet, which is required for financial assistance in purchasing an automobile or adaptive equipment.

The Board found that the Veteran's back disability, groin rash, and hemorrhoids did not begin in service or until many years after service. The claims for service connection were denied as there was no competent medical evidence linking these conditions to his military service.

The Veteran's claims for service connection were denied as there is no current evidence of a disability or symptoms related to the claimed conditions.

The Veteran's lumbar spine disability has been rated at the maximum allowable under Diagnostic Code 5003, and no higher rating is warranted based on current evidence of record.

The Veteran's appeal is being remanded due to the need for additional medical development and readjudication of his claims.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a compensable rating for right ear hearing loss, and denied entitlement to an evaluation in excess of 10 percent for tinnitus, lumbar strain with levoscoliosis prior to May 4, 2009, costochondritis (chest pain and shortness of breath), or hypertensive heart disease.

The Veteran's claims for psychiatric, low back, and right shoulder disabilities are being remanded due to the need for additional examinations.

The Veteran has withdrawn his appeal for an increased evaluation for his lumbar spine wedge fracture with degenerative joint disease, and the Board does not have jurisdiction to review this issue.

The Board found that the Veteran's service-connected PTSD did not cause or contribute to his death, which was caused by an assault. The Board concluded that the Veteran's PTSD did not cause him to initiate a physical altercation resulting in his death.

The Board has granted service connection for left foot strain with hammer toe of the left second toe and assigned a noncompensable initial rating. Service connection was also granted for degenerative disc disease of the lumbar spine and osteoarthritis of the knees, both found to be secondary to active service.