Back / lumbar spine decisions — 2013

The Veteran's service-connected low back disability is currently rated as 10 percent disabling, effective from June 21, 2006 to February 4, 2008 and from December 19, 2008. From February 5, 2008 to December 18, 2008, the disability is rated as 20 percent disabling. The Veteran also has a separate 10 percent evaluation for right lower extremity radiculopathy associated with his lumbosacral spine disorder effective from December 11, 2007.

The Board finds an approximate balance of favorable and unfavorable evidence regarding the Veteran's claims for secondary service connection for lumbar spine disorder, right lower extremity disorder (claimed as right leg idiopathic peripheral neuropathy), and right knee disorder. The decision is mixed.

The VA examiner found no evidence of a low back disability related to service and concluded that the Veteran's current low back condition is not service-connected.

The Board found that the Veteran's low back disorder is not etiologically related to his military service and denied his claim.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc and joint disease, is related to injury during active service. As such, the claim for service connection is granted.

The Board denied entitlement to a referral for extraschedular consideration of the rating assigned for lumbar degenerative joint and disc disease, residuals of thoracolumbar vertebrae fractures, and thoracolumbar disorder for the period from August 10, 2000, to May 15, 2009.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative joint and disc disease, is service-connected due to its onset during his military service.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar paravertebral myositis, finding that the evidence did not meet the criteria for a rating in excess of 20 percent before October 13, 2009 or 40 percent effective October 13, 2009.

The Board has determined that additional development is needed before a final decision can be made on the Veteran's claims for service connection.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a back disability. The Veteran's current low back disability is not etiologically related to his active duty service.

The Board has granted the Veteran's claim of entitlement to service connection for degenerative disc disease and desiccation of the lumbar spine with an annular disc bulge at L5-S1, finding that the evidence is in equipoise as to whether his current low back disabilities are related to his military service.

The Veteran's cervical spine disability was rated at 10 percent prior to December 10, 2009. A separate rating of 10 percent for right upper extremity radiculitis associated with the cervical spine disability was granted.

The Veteran's low back strain is currently rated at 10 percent prior to September 30, 2011 and has been increased to 20 percent from that date.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical opinions regarding the etiology and severity of his claimed conditions.

The Veteran's claims are being remanded for additional development, including obtaining SSA records and VA treatment records.

The Board has remanded the Veteran's claims due to additional development being required, including obtaining VA outpatient treatment records and a medical opinion regarding his left upper extremity radiculopathy.

The Veteran has withdrawn his appeals for the issues of initial evaluations in excess of 20 percent for a lumbar spine disability and associated right sciatica, respectively.

The Board found that the evidence is in relative equipoise as to whether the Veteran's current lumbosacral spine disability, diagnosed as acquired spinal stenosis, degenerative arthritis with radiculopathy/neuropathy, and degenerative disc disease, is causally related to his active military service.

The Veteran's appeal is being remanded due to issues with representation and notification. The claims for service connection are on the merits, but need further development.

The Veteran's service-connected irritable bowel syndrome is rated at 10 percent prior to August 26, 2008 and at 30 percent from that date. The lumbar spine degenerative joint disease is rated at 10 percent.