Back / lumbar spine decisions — 2013

The Veteran's thoracolumbar spine disability is currently evaluated at 20 percent, and the Board finds that an evaluation in excess of 20 percent is not warranted.

The Veteran's service-connected thoracic spine disability has not been shown to meet or approximate the criteria for a schedular evaluation in excess of 20 percent.

The Veteran's cervical spine disability was rated at 10 percent prior to January 24, 2012 and 20 percent from January 24, 2012. Right cervical radiculopathy is currently rated as 20 percent disabling.,Right cervical radiculopathy has been assigned a rating of 20 percent since July 14, 2010.

The Board has remanded the case for further development, including a VA examination to address whether the Veteran's low back disability is related to service or post-service motor vehicle accident.

The case is being remanded for a new VA examination to determine the current severity of the appellant's service-connected thoracolumbar spinal strain, cervical spine degenerative disc disease, and neurological impairment of the left upper extremity. The appellant should also provide any additional private treatment records.

The Veteran's appeal is being remanded to the RO for scheduling a video conference hearing at the nearest VA facility to her current residence in Charlotte, North Carolina.

The Veteran's claim for service connection for a left knee disability was denied because there is no medical evidence linking the current condition to his active duty. The claim for reopening of a back disability was also denied as new and material evidence has not been received.

The Board has determined that additional development is needed to determine if the Veteran's service-connected conditions contributed to his death due to pancreatic cancer.

The Veteran's appeal is being remanded for additional development, including the provision of a new VA examination to assess the severity of his service-connected back and left shoulder disabilities.

The Board has remanded the case for further development, including obtaining VA treatment records and a spine examination.

The Board has determined that the Veteran's current low back and left ankle disabilities are not service-connected, as they were not manifest in service or related to his service-connected knee disabilities. The RO's decision denying compensation under 38 U.S.C.A. § 1151 for deep venous thrombosis of the right upper extremity is also denied.

The Board has remanded the Veteran's claims for service connection for a thoracolumbar spine disability and a chest disability to the Appeals Management Center (AMC) for further evidentiary development.

The Veteran's lumbar muscular strain with degenerative disc disease was initially rated at 10 percent prior to August 26, 2011 and upgraded to 20 percent effective from that date.

The Board finds that the Veteran's lumbar spine disability was permanently aggravated by INACDUTRA during his National Guard service, and grants entitlement to service connection for this condition.

The Board found no evidence of a chronic low back disability in service or within one year post-service, and concluded that the Veteran's current low back condition is not related to his military service. For bilateral hearing loss, the Board noted exposure to loud noises during service but did not find sufficient medical evidence linking it to service.

The Veteran's claims for service connection for low back and right hip disabilities are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's hypertension is not related to service, including his active duty in Kuwait. The VA examiner found no evidence of a direct relationship between the Veteran's PTSD and his hypertension.,Regarding degenerative disc disease of the lumbar spine, the VA examiner concluded it was less likely than not caused by or aggravated by service-connected PTSD.

The Board found that the Veteran's current low back disability is not related to his military service, and therefore denied his claim for service connection.

The Veteran's lumbosacral spine disability has been rated at 20 percent since October 1, 2005. The claim for a higher initial rating is denied.,Prior to August 23, 2012, the Veteran was not entitled to separate ratings for right and left lower extremity radiculopathy associated with his lumbosacral spine disability. Since that date, he has been rated at 10 percent each for these manifestations of his service-connected low back disability.,Effective August 23, 2012, the Veteran's right leg radiculopathy is rated as 10 percent disabling and his left leg radiculopathy is also rated as 10 percent disabling.

The Veteran's claim for a higher rating for his left knee disability was denied. The Board found that the evidence did not show limitation of motion to 30 degrees or extension limited to 15 degrees, which would warrant a higher evaluation under Diagnostic Codes 5260 and 5261. Factors warranting TDIU on an extraschedular basis were also not present.