Back / lumbar spine decisions — 2013

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the current severity of the service-connected lumbar spine disability.

The Veteran's low back disability is currently rated at 40 percent, effective January 18, 2011. The Board found that the evidence did not support a higher rating based on limitation of motion or ankylosis.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and granted it, finding that new and material evidence had been received to reopen the previously denied claim.

The Board has determined that the Veteran's low back disorder is service-connected, as it was first manifested shortly after his separation from service and is related to his military duties. The right knee and left knee disorders are not considered service-connected due to lack of evidence showing a relationship between these conditions and service.

The Veteran's appeal for higher ratings for lumbosacral strain/sprain with disc herniation at L4-L5 and lumbar radiculopathy of the left lower extremity prior to January 29, 2013 was denied. The Veteran received a 10% rating for the left lower extremity condition since that date.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of securing and following substantially gainful employment.

The Board denied service connection for lumbar and cervical spine disorders, finding no evidence of such conditions in service or within one year post-service.

The Board has determined that the Veteran's currently manifested and diagnosed diffuse degenerative disc disease of the thoracic spine is etiologically related to his military service, including repetitive-use injuries during his time in the postal service. As a result, the claim for service connection for a back disability is granted.

The Veteran's claim of entitlement to service connection for a back disability is being remanded due to the failure to provide proper notice and scheduling for a VA examination. The examiner will determine if any current back disability is related to service, including an in-service injury during training exercise in Germany.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an increased rating for his lumbar spine disability. The Board found that there was no evidence of a cervical spine disorder in service, and that any current cervical spine disability is less likely than not related to the Veteran's service-connected lumbar spine disability.

The Veteran's claim for service connection for sickle cell disease has been reopened and is granted. He is also awarded secondary service connection for multiple conditions as secondary to his sickle cell disease, including right shoulder/arm disorder, hemorrhoids (blood in stool), fungal dermatitis, psychiatric disorder (depression), hypertension, diabetes mellitus, low back disorder, heart condition, eye disorders (glaucoma and blindness in the left eye), muscle and joint pain, erectile dysfunction, and alopecia. His rating for vertigo remains at 30 percent.

The Veteran's claim for an increased rating in excess of 10 percent for scars of the thoracic area prior to October 23, 2008 was denied. However, his claim for a 30 percent rating for scars from that date forward is granted.

The Veteran's low back disability has been manifested by flexion limited to, at worst, 5 degrees with pain, stiffness, and numbness into the lower left extremity. The criteria for entitlement to an initial disability rating in excess of 40 percent have not been met or approximated.

The Board denied service connection for back, right leg, and left leg disorders due to a lack of evidence linking these conditions to the Veteran's military service.

The Board found that the Veteran's back disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied the Veteran's claims for initial ratings in excess of 10 percent for degenerative disc disease of the lumbar spine and degenerative arthritis of the right knee, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his lumbar spine disability, have been denied. The criteria for higher ratings were not met in any of the periods specified.

The Veteran's appeal was denied for an initial disability rating in excess of 20 percent prior to August 15, 2009, and in excess of 40 percent beginning August 15, 2009, for degenerative disc disease of the lumbar spine.

The Veteran's lumbosacral strain is currently rated at 20 percent, and her MDD warrants a 70 percent rating. The Board finds no basis to grant increased ratings for either condition.

The Board found that the appellant's low back disability is not etiologically related to service and denied his claim for service connection.