Back / lumbar spine decisions — 2013

The Board finds that the Veteran's degenerative disc disease of the cervical and lumbar spine is at least as likely as not caused or aggravated by his service-connected psoriasis and shell fragment wound muscle injury.,The Board also finds that the Veteran's psoriatic arthritis of the bilateral hips is at least as likely as not caused or aggravated by his service-connected psoriasis.

The Veteran's appeal was denied for various issues, including service connection for a sleep disorder and higher initial ratings for certain disabilities. The decision did not address the issue of TDIU.

The Veteran's lumbosacral strain was rated at 10 percent prior to April 22, 2013, and at 20 percent thereafter. The VA determined that the condition warranted a higher rating based on more severe limitation of motion.

The Veteran's service-connected lumbar spondylosis with degenerative disc disease, degenerative joint disease of the right hip, osteoarthritis of the left hip, and degenerative changes of the pubic symphysis do not preclude substantially gainful employment. The criteria for a total rating based on individual unemployability due to service-connected disabilities have not been met.

The Veteran's claims for secondary service connection for right and left knee patellofemoral syndrome and lumbar strain were granted effective June 28, 2007.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service, and is not otherwise related to service. The Board also determined that the back disorder is not proximately due to or the result of a service-connected disability.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a low back disorder, left knee residuals of meniscus tear with degenerative changes, intra-articular calcification of the left elbow with degenerative changes, and right foot Morton's neuroma. The claims are therefore denied.

The Board found that the Veteran's back disorder is not causally or etiologically related to his military service and denied his claim for service connection.

The Veteran's unauthorized medical services were denied because the treatment was not in an emergency situation and VA facilities were available.

The Board found that the Veteran's right knee and lumbar spine disabilities were not caused or aggravated by his service-connected left knee disability, and thus denied service connection for these conditions.

The Board has scheduled the Veteran for a videoconference hearing to address his claims of PTSD and low back disability. The appeal is remanded due to the need for such a hearing.

The Veteran's appeal is being remanded for additional development.,Service connection for fibromyalgia is being remanded due to the need for updated medical records and a VA examination.,Service connection for various musculoskeletal disabilities (thoracolumbar spine, right knee, left knee, bilateral shoulder) is being remanded for further evaluation.,Service connection for a right knee disability is being remanded for further evaluation.,Service connection for a left knee disability is being remanded for further evaluation.,Service connection for a bilateral shoulder disability is being remanded for further evaluation.,Service connection for an acquired psychiatric disability (depression) is being remanded due to the need for updated medical records and a VA examination.

The Veteran's lumbar back strain is currently evaluated at a 10 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5237. The Board finds that this evaluation adequately reflects the severity of his disability based on limitation of motion.

The Veteran's appeal for increased ratings for depression and osteoarthritis of the right knee, as well as his claim for TDIU, are all granted.

The Veteran's service-connected disabilities, including his mood disorder, degenerative disc disease of the lumbosacral spine, left sided leg weakness, and tinnitus, have rendered him unable to perform activities of daily living without regular aid and attendance from another person. His need for such assistance is due to his severe lower extremity weakness caused by his service-connected degenerative disc disease.

The Veteran's appeal has been dismissed due to the death of the appellant prior to a decision being made.

The Board has reopened the Veteran's claim of service connection for thoracolumbar spine scoliosis, but a de novo review is needed to determine if his pre-existing condition was aggravated by military service. The case is REMANDED for further development.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA examination. The Veteran's claims for service connection for low back disability and PTSD are also being reviewed.

The Board has granted service connection for a thoracolumbar spine disability due to aggravation during active duty, and also found that the Veteran's right leg radiculopathy is related to his service-connected thoracolumbar spine disability. The claim of right leg radiculopathy remains pending.

The Veteran's appeal for a higher rating for his back disability has been dismissed due to the death of the claimant.