Back / lumbar spine decisions — 2013

The Veteran's lumbar spine disability is rated at 20 percent, and his neurological manifestations are rated at 10 percent. The appeal for higher ratings has been denied.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and a new medical examination, including an opinion on the relationship between his right hip disorder and his service-connected low back injury.

The Board has determined that the Veteran's low back disability is not related to his active military service, while finding that his hepatitis C is related to his service.

The Veteran's claims for increased ratings and effective dates prior to November 1, 2006, for migraine headaches have been denied. Effective from that date, the Veteran is entitled to a 50 percent disability rating.

The Veteran's lumbosacral strain disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board has found no evidence to support a finding that the Veteran's current back disorders are related to his military service, and therefore denied the claim for service connection.

The Board found that the appellant's current low back disability is not related to his period of active duty training and denied service connection.

The Board found that the Veteran's COPD and cervical spine disability were not incurred in or aggravated by active service. The lumbar spine disability was rated at 20% based on its current manifestations.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that it is not related to his service-connected left knee degenerative joint disease and scar of the left shin.

The Board has granted a separate 10 percent rating for radiculopathy of the right lower extremity. The issue of entitlement to a separate rating for radiculopathy of the left lower extremity is remanded due to incomplete consideration in the August 2011 VA examination report.

The Board found that the Veteran's current lumbar radiculopathy is not related to service and was not caused or aggravated by his service-connected right hip strain.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The appeal seeking a TDIU rating is being remanded due to its interdependence with these grants.

The Board has remanded the case for further development, including obtaining additional VA and private treatment records, scheduling a VA examination to assess the severity of the Veteran's service-connected low back disability, and determining whether his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Board has remanded the case for further development due to incomplete opinions and need for additional medical examination.

The Board has determined that the Veteran's current back, hip, and leg disabilities are not service-connected as they are considered to be due to natural aging process or unrelated to his military service.

The Board has determined that the Veteran's claimed conditions, including residuals of a cerebral hemorrhage and low back disorder, are not service-connected due to lack of evidence showing their onset in service or within one year of service.

The Veteran's claim for increased ratings and TDIU was granted, with a 10 percent evaluation assigned for radiculopathy of the right thigh. The other issues were denied.

The Board has determined that additional development is needed to fully and fairly consider the appellant's claim for service connection for a low back and left leg disorder. This includes obtaining relevant medical records, ensuring proper examination reports are completed, and notifying the appellant of any necessary actions.

The Board has determined that a rating higher than 20 percent is warranted for the Veteran's lower back disability prior to February 3, 2012. Since then, a 40 percent rating is granted.

The Veteran's appeal is being remanded for additional development, including new VA examinations to address the current severity of his service-connected left ear hearing loss, cervical spine disability, and lumbar spine disability. The Veteran also needs a new VA examination to determine the nature and etiology of his sleep apnea.