Back / lumbar spine decisions — 2013

The Veteran's service-connected degenerative disk disease with lumbar spondylosis and dextroscoliosis is currently rated at 20 percent, effective April 2009. Separate ratings of 20 percent for right sciatic nerve radiculopathy and 10 percent for left sciatic nerve radiculopathy are granted since February 2012.

The Veteran's claim for service connection for degenerative arthritis of the cervical and lumbar spine is being remanded due to inadequate opinion from the VA examiner. The Board will seek an addendum opinion that considers the continuity of symptomatology.

The Veteran does not have a low back disability that is the result of disease or injury incurred in or aggravated by active military service, and arthritis of the low back may not be presumed to have been incurred therein.

The Board has granted a higher rating for the Veteran's service-connected degenerative disc disease with back strain, diabetes mellitus type II, peripheral neuropathy of the left and right lower extremities, but denied a compensable rating for his bilateral hearing loss.

The case is being remanded for a VA examination to determine the nature and etiology of any current TBI residuals, including headaches. The Veteran's service-connected PTSD with related depression and anxiety are also considered in determining whether his current headaches are caused or aggravated by these conditions.

The Veteran's claim for a higher initial rating for his left elbow disability and service connection for a bilateral testicle condition were granted. The effective date is set at March 22, 2012, based on the combined disability evaluation meeting the criteria for TDIU.

The VA Board found that the Veteran's current cervical and lumbar spine disorders are not service-connected, as they likely pre-existed her military service or were aggravated by natural progression of aging. The claim was denied.

The Board has remanded the case for further development, including a new VA examination to assess the nature and etiology of any current back disability. The appellant's claim is currently in a pending state.

The Board finds that the Veteran's low back disorder is reasonably related to his service-connected knee disorders and thus grants service connection for this condition.

The Board has remanded the case for additional development due to a need for clarification on whether an in-service diagnosis of sacroiliitis can be considered arthritis, and for obtaining relevant VA and private treatment records since May 2006.

The Board found that the Veteran's service-connected left fibula fracture does not warrant a higher rating, as it more closely approximates slight ankle disability. The claim for service connection for a back condition was also denied due to lack of evidence linking the condition to service or a service-connected disability.

The Board has ordered additional development to address the Veteran's claim for service connection for a back disability, including arthritis and degenerative disc disease. The case is being returned to the AOJ for further consideration.

The Board denied an extraschedular evaluation in excess of 40 percent for the Veteran's service-connected low back disability, finding that the symptomatology did not warrant such a rating. The claim for TDIU prior to May 4, 2011, was also denied.

The Board denied the Veteran's petition to reopen his claim for a back disability, finding that his current diagnosed disc disease of the spine is not attributable to service.

The Board has determined that the appellant did not have a back or left knee disability during service and cannot establish service connection for these conditions.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied a separate compensable rating for radiculopathy of the left leg and an initial rating higher than 10 percent for radiculopathy of the right leg.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining service medical records and scheduling a VA examination for the Veteran's claimed disabilities.

The Veteran's claims for increased evaluations for thoracolumbar strain and right ankle strain have been denied as the evidence does not support a finding that either condition warrants an evaluation in excess of the current 20 percent and 10 percent ratings, respectively.