Back / lumbar spine decisions — 2013

The Board has granted the reopening of service connection for a lumbosacral spine disorder, including as secondary to a service-connected left hip disability. The issue of service connection for a right hip disorder was withdrawn prior to decision.

The Board has remanded the case for additional development due to inconsistencies in the service and private medical records regarding the appellant's claimed knee and back disorders. The VA examiner will be asked to provide opinions on whether these conditions are at least as likely as not caused or aggravated by events during service, including physical training exercises and motor vehicle accidents.

The Board has determined that the Veteran's current low back disability, including spinal stenosis and degenerative disc disease, is attributable to his in-service service. Therefore, the claim for service connection is granted.

The Veteran's appeal has been dismissed due to his death. The issues of a rating in excess for back disability and service connection for cervical spine disability have not been decided.

The Board has remanded the case for additional development to obtain VA treatment records and provide an adequate VA examination and nexus opinion regarding the Veteran's claimed lumbar spine and cervical spine disabilities.

The Veteran's degenerative disc disease of the lumbosacral spine was granted a 10 percent disability rating effective April 20, 2010. The rating for this condition has been increased to 40 percent from August 15, 2012.

The Board has granted service connection for Parkinson's disease and a low back disorder, but the Veteran's claims of entitlement to service connection for squamous cell carcinoma, basal cell carcinoma, and a skin disorder remain pending.

The Veteran's claim for service connection for PTSD has been granted. The case is also remanded to determine the impact of his service-connected low back disability on employment and to adjudicate his TDIU claim.

The Veteran's service connection claims for herniated spinal discs, left foot neuropathy, and right foot neuropathy have been granted.

The Veteran's low back disability, which is rated under the General Rating Formula for Diseases and Injuries of the Spine, has been found to meet the criteria for a 20 percent rating based on forward flexion of the thoracolumbar spine greater than 30 degrees but no greater than 60 degrees. The Veteran's symptoms do not warrant a higher rating as they do not result in forward flexion limited to 30 degrees or less, nor do they indicate unfavorable ankylosis of the entire thoracolumbar spine.

The Board found that there is no evidence of a thoracic vertebrae compression fracture during service or at any time thereafter. The Veteran's degenerative joint disease of the lumbar spine was not incurred in or aggravated by service.

The Veteran's claims for increased ratings and a separate rating for headaches were denied. The cervical spine disability was rated as 10 percent disabling, and the headaches did not warrant a separate rating.

The Veteran's multilevel degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective December 5, 2011. His chronic cervical sprain/strain remains at a 20 percent rating.

The Board has remanded the case for additional development, including a new VA examination of the Veteran's low back disability and an opinion regarding her employability due to service-connected disabilities. The issues on appeal are whether she is entitled to a rating in excess of 20 percent for her low back injury and whether she is unemployable due to her service-connected conditions.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to July 29, 2004.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, effective March 23, 2010. The rating is denied as the evidence does not support a higher rating prior to that date.,The Veteran's service-connected cervical spine disability is currently rated at 20 percent, effective March 23, 2010. The rating is denied as the evidence does not support a higher rating prior to that date.,The Veteran's service-connected L4-5 radiculopathy of the left lower extremity is currently rated at 10 percent. The rating is denied as the evidence does not support a higher rating.

The Veteran's service-connected low back strain with degenerative joint disease at L2-3 and L4-5 is currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5293. The Board finds that a higher rating is not warranted.

The Veteran is seeking service connection for a low back disability and an increased rating for his right pelvis and acetabulum disabilities. The Board has determined that additional medical opinions are needed to address the relationship between the current low back disability and service, as well as whether it is aggravated by his service-connected residuals of fractured right pelvis and acetabulum. Additionally, a VA examination is required to assess the severity of his service-connected right pelvis and acetabulum disabilities.

The Veteran's lumbosacral strain was rated at 40 percent prior to November 4, 2005 and increased to 50 percent since that date. The Board found the evidence did not support a higher rating.

The Board has remanded the case due to the need for additional development, including a VA examination to assess the severity of the Veteran's low back disability and service-connected constipation and erectile dysfunction.