Back / lumbar spine decisions — 2013

The Veteran's disability rating for discospondylosis of the lumbar spine with osteoarthritis of lumbosacral and sacroiliac joints is maintained at 40 percent, based on forward flexion limited to 30 degrees. The associated incomplete paralysis of the sciatic nerve in both legs is rated as 10 percent disabling.

The Board has remanded the case for further development, including obtaining updated VA treatment records and a new examination to address the etiology of the Veteran's low back disability on both direct and secondary service connection bases.

The Board denied the Veteran's request to reopen his claim for service connection of a back disorder, finding that no new and material evidence had been received.

The Veteran's appeal was dismissed due to the death of the appellant, and thus no jurisdiction remains for the Board to adjudicate the merits of this claim.

The Board has remanded the case due to incomplete history provided by the Veteran and inadequate VA examination. The Veteran's low back disorder may be related to his service, but further evaluation is needed.

The Veteran's claim for an increased rating for his low back disability is being considered, along with the propriety of reducing his rating from 20 percent to 10 percent effective December 1, 2012. The appeal involves service connection on the merits and does not involve any presumption or exposure basis.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the current severity of his service-connected mechanical low back pain and whether his neck disability may be related to his service-connected low back disability.

The Veteran's claims for service connection for an upper and lower back disorder, fibromyalgia, hypertension, and a psychiatric disorder have been reopened. The decision is pending further development.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has denied a higher rating. The issue of entitlement to TDIU remains pending as it is related to her service-connected disabilities.

The Veteran's appeal has been dismissed as he withdrew his appeals for increased ratings on four issues: lumbar strain and chronic low back pain with spondylosis, tinea cruris, gastroesophageal reflux disease (GERD), and traumatic arthritis of the cervical spine.

The Veteran seeks a higher initial rating for his service-connected degenerative spinal stenosis, spondylosis, and degenerative disc disease of the cervical spine. The case is being remanded to obtain additional medical evidence and determine the current severity of the disability.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection and increased evaluation of his hearing disability and lumbar spine disorder.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated radiculopathy have been rated at 20 percent, with separate ratings for right and left lower extremity radiculopathy. The appeal is denied as there are no additional factors warranting an extra-schedular rating.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for an orthopedic examination to determine the likely etiology of the Veteran's low back disability. The examiner must provide opinions on whether the Veteran's low back disability is related to service or her service-connected bilateral foot disabilities.

The Board has remanded the case for further development, including an examination to determine the etiology of the Veteran's current lumbar spine disability and whether it is at least as likely as not that the Veteran would have had degenerative joint disease but for his parachute jumps in service.

The Board has determined that the Veteran's bilateral hip disorder and lumbar spine disorder are related to his active military service.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective July 2, 2010. The Board also granted a TDIU based on his service-connected disabilities.

The Veteran's claim for an increased evaluation for residuals, lower back strain, with central disc herniation at L5-S1 was granted. The Veteran is currently rated at 40 percent for this condition.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and the evidence is at least in equipoise that he is unemployable due to his lumbar spine disability. Therefore, entitlement to a TDIU is granted.

The Board found that a back disorder was not incurred in or aggravated by the Veteran's active duty military service, did not manifest within one year of service discharge, and was not caused or aggravated by his service-connected Pellegrini-Stieda of the left knee and/or Osgood-Schlatter's disease of the right knee.