Back / lumbar spine decisions — 2013

The Veteran's appeals for increased ratings for lumbar spine degenerative disc disease, left and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal.

The Board has reopened the Veteran's claim of service connection for a low back disorder and granted it, finding that new and material evidence had been submitted to support the claim.

The Veteran was granted an initial compensable rating for his degenerative joint disease of the thoracolumbar spine prior to February 9, 2009. From that date until July 18, 2011, he received a 10 percent rating. After that period, he was awarded a 40 percent rating.

The Veteran's claims for increased disability ratings for lumbar strain and disc disease, as well as right L3/L4 radiculopathy are being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Board has remanded the claims for additional development due to a need for follow-up requests of private medical records.

The Veteran's claim for service connection for a back condition is being remanded due to the need for further evidentiary development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case to the RO for a hearing at the RO before a Veterans Law Judge.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO. The issues of service connection and rating for various conditions are still pending.

The Board has ordered a new VA examination to determine if the Veteran's current low back disorder is related to service, and if so, whether it began during service. The case will be remanded for further review.

The Veteran's TDIU claim is being remanded for additional development as the prior examination report was inadequate and did not address the impact of his service-connected disabilities in combination on his employability.

The Veteran's service-connected disabilities render him unemployable, as his combined rating is at least 60 percent and he has multiple service-connected conditions that limit his ability to work. The Board finds the criteria for TDIU have been met.

The Veteran's PTSD with major depression is rated at 50 percent, and he has been granted a TDIU. The claims for prostate cancer and benign prostatic hypertrophy, bronchitis, swelling of joints in the upper extremities, sleep apnea, and low back disorder are all denied. Service connection was reopened for atrial fibrillation with hypertension and mitral valve insufficiency and low back disorder.

The Veteran's service-connected low back disability has been evaluated at 20 percent since June 1977. The VA examinations show that the Veteran currently experiences pain and weakness, but her range of motion is within normal limits for a 20 percent rating.

The Board has determined that the Veteran's chronic bilateral patellofemoral pain syndrome of the knees and chronic lumbosacral strain/sprain are causally related to his active military service.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeal is denied as there are no separate compensable ratings for neurological manifestations of his low back disability other than left lower extremity radiculopathy, and a rating in excess of 10 percent for left leg radiculopathy is not warranted.

The Board finds that the Veteran's lay statements and service treatment records are sufficient to establish a current low back disability, chronic symptoms of back pain since service separation, and an in-service injury. As such, the claim for service connection is granted.

The Board found that the Veteran's current right shoulder and back disabilities were not incurred in or aggravated by service. The preponderance of evidence is against finding a nexus between his current conditions and service.

The Board found that the Veteran's low back disorder is not related to his service, including a fall in service. The arthritis was also not presumed due to service.