Back / lumbar spine Board decisions

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's lumbar spine disability and any associated neurologic impairment. The Veteran is also to be provided with proper notice regarding his claim for a separate disability rating for peripheral neuropathy or radiculopathy.

The Board has referred the issue of entitlement to a TDIU to the RO for further proceedings consistent with the Joint Motion for Remand. The Veteran's claim is considered part and parcel of his increased rating claims.

The Veteran's lumbar spine condition was rated as 10% prior to September 29, 2009 and 20% thereafter. The Veteran's history of shin splints and stress fractures (now diagnosed as compartment syndrome) warranted a noncompensable rating prior to March 31, 2006, a 40% rating between March 31, 2006 and November 10, 2009, and a noncompensable rating thereafter. The Veteran's umbilical hernia was rated as 20% prior to March 31, 2006, 40% between March 31, 2006 and November 10, 2009, and 20% thereafter.,The Veteran's lumbar spine condition was rated as 10% prior to September 29, 2009 and 20% thereafter. The Veteran's history of shin splints and stress fractures (now diagnosed as compartment syndrome) warranted a noncompensable rating prior to March 31, 2006, a 40% rating between March 31, 2006 and November 10, 2009, and a noncompensable rating thereafter. The Veteran's umbilical hernia was rated as 20% prior to March 31, 2006, 40% between March 31, 2006 and November 10, 2009, and 20% thereafter.

The Board has determined that the Veteran does not have diabetes mellitus, Type II. The issues of hypertension and radiculopathy/peripheral neuropathy of the upper extremities are addressed in the REMAND portion of this decision.

The Veteran's claims for service connection for right and left hip conditions, as well as a left ankle condition, are being remanded due to the need for additional medical examinations and development.

The Veteran's claim for higher ratings for degenerative disc disease at L5-S1 and degenerative arthritis of the left ankle was denied as there is no evidence that the conditions meet or approximate the criteria for a higher rating under VA's rating schedule.

The Board has determined that additional development is necessary prior to the adjudication of these claims due to missing VA treatment records and other relevant evidence.

The Board finds that the Veteran's current low back disability, diagnosed as lumbar spine strain and degenerative disc disease and degenerative joint disease, is related to her in-service injury. As such, service connection for this condition is granted.

The Veteran's appeal is currently in remand status due to the need for additional development, including issuance of a statement of the case on his right foot disorder claim and potential VA examination.

The Board has reopened the claim of service connection for a lumbar spine disability, finding that new and material evidence has been submitted. However, after reviewing all available evidence, including VA and private treatment records, the Board concludes that there is no direct link between the Veteran's current lumbar spine disability and his military service.

The Board has denied the appellant's claim for service connection for benign essential tremors, finding that his condition preexisted his period of active duty and was not aggravated by such. The appeal regarding an initial rating in excess of 20 percent for lumbar spine herniated disc is addressed in the REMAND portion.

The Board found that the Veteran does not have a low back, upper back, neck, skin, or headache disorder that is causally related to his active military service.

The Board has granted the Veteran's claims for service connection for chronic thoracolumbar spine strain and residuals of a neck injury, finding that new and material evidence had been submitted to reopen these previously denied claims.

The Board has decided to remand the case for further development, including obtaining medical records and providing an addendum opinion from a VA examiner.

The Board found that the Veteran's thoracolumbar scoliosis preexisted military service and clearly and unmistakably did not undergo a permanent increase in severity during military service. The preponderance of evidence is against finding that his currently diagnosed degenerative disc disease and stenosis are related to military service.

The Board has reopened the claim for service connection of low back disability. The evidence now shows that the Veteran's current low back disability is related to her right foot injury, which is already service-connected. Therefore, the claim is granted.

The Board denied the Veteran's claim to reopen his previously denied low back disability, finding that new and material evidence had not been received.

The Board has remanded the Veteran's claims for further procedural and evidentiary development, including obtaining records of psychiatric, HIV, and low back treatment since November 2009; scheduling VA examinations for his spine and psychiatric condition; and determining whether the Veteran wishes to proceed as a pro se claimant.

The Board found no evidence of a service-connected dental disability for compensation purposes. For the low back and headaches, the Board determined that there was insufficient medical evidence to establish a link between current disabilities and service.

The Veteran's cervical spine disability was rated at 20 percent prior to April 22, 2008. The Board has determined that the disability should be increased to 30 percent for this period.