Back / lumbar spine decisions — 2013

The Board has vacated the March 6, 2009 decision denying an initial rating in excess of 20 percent for mechanical low back pain with intervertebral disc syndrome. The May 2006 rating decision is considered final as it denied service connection for an upper back disorder. New and material evidence has been received to reopen the claim for service connection for an upper back disorder.

The Board denied the Veteran's claims for service connection for lower back disorder, bilateral leg disorder, and dermatophytosis (foot fungus) as there was no evidence of a nexus to service.

The Veteran's claims for increased ratings for low back and right thumb disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded for a Travel Board hearing before the Winston-Salem, North Carolina, Regional Office.

The Board has determined that the Veteran's low back disorder, diagnosed as facet arthritis at L4-L5, is service-connected. The issues of entitlement to service connection for left and right hip disorders are remanded for further development.

The Veteran's claims for increased ratings for major depressive disorder, migraine headaches, lumbar strain, and fibromyalgia are being remanded due to the need for additional VA examinations.

The Veteran's service-connected spinal conditions, including adjustment disorder with anxiety associated with spine disabilities, have been found to prevent him from obtaining and maintaining substantially gainful employment. Effective May 6, 2008, the TDIU rating is granted.

The Board has determined that the Veteran's lumbar spine disability is related to his service, and therefore grants service connection for this condition.

The Veteran's mechanical back pain with degenerative disc disease of the lumbar spine is currently rated at 20 percent, which meets his claim for an increased rating.

The Board has remanded the case for additional development, including obtaining medical records and determining whether the appellant's neck disorder, low back disorder, headaches, and nerve disorder of his upper extremities are related to service.

The Veteran's claim for service connection for low back disability is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Board has reopened the claim of service connection for a low back disability, and finds that new and material evidence has been received. The Veteran's current low back symptoms are at least as likely as not related to his military service.

The Board has determined that the Veteran's current low back disorder, diagnosed as multi-level lumbar herniated discs with degenerative disc disease and spondylosis, is a continuing disease process of symptomatology manifested in service. Therefore, service connection for this condition is granted.

The Board has determined that the Veteran's service-connected lumbar strain, status post history of L2 compression fracture does not meet or approximate the criteria for a disability rating in excess of 10 percent.

The Veteran's cervical spine, lumbar spine, and right knee disabilities were not shown to be related to service.,VA has reviewed all available evidence and determined that the preponderance of the evidence does not support a finding that any current disability is due to service.

The Veteran's initial and increased ratings for low back disability prior to August 14, 2008 are denied as his range of motion did not meet the criteria for a higher rating. For periods on or after August 14, 2008, his radiculopathy is not manifested by moderate neuritis of the sciatic nerve.

The Board has determined that the VA did not fully comply with its remand directives and thus the claim must be returned for further development.

The Veteran's appeal is being remanded to obtain inpatient clinical records from the U.S. Naval Hospital in Jacksonville, Florida and sick bay records for his reported back pain during service. A VA examination will also be conducted to determine if any diagnosed low back disorder is related to military service or events therein.