Back / lumbar spine decisions — 2013

The Board has determined that a remand is necessary to obtain additional evidence and to schedule the Veteran for VA examinations to address his claims.

The Veteran's service-connected cervical and lumbar spine disabilities have been evaluated as 10 percent disabling throughout the rating period. The Board finds that the evidence does not support a higher evaluation for these conditions.

The Board has ordered the RO to obtain SSA records and any relevant private medical records. The case will be readjudicated after these records are obtained.

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran seeks service connection for a back disability. The VA examiner found the Veteran has myofascial lumbar syndrome, but opined that it is not related to service due to an inaccurate factual predicate. The Board finds this inadequate and remands the case for further development.

The Veteran's degenerative disc disease of the lumbar spine does not result in unfavorable ankylosis or incapacitating episodes, and there is no objective evidence of neurological abnormalities related to the disability. Therefore, a rating in excess of 40 percent for this condition has not been met.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy combine for an 80 percent disability rating since December 29, 2010, which renders the Veteran unemployable. The Board finds that the criteria for TDIU are met.

The Board found that the Veteran's thoracolumbar spine condition did not meet or approximate the criteria for a rating in excess of 20 percent, as forward flexion was not limited to 30 degrees or less and there were no incapacitating episodes of intervertebral disc syndrome (IDS) requiring bedrest prescribed by a physician.

The Board has determined that further development is needed for the Veteran's low back and left hip disorder claims, including obtaining workers' compensation records and a VA examination. The left hip disorder claim will be remanded as well.

The Veteran's PTSD is rated at 50 percent, effective from the date of the rating decision. Service connection for lumbar spine disability, cervical spine disability, and residuals of traumatic brain injury are not granted.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective February 1, 2010. The Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for an increased evaluation.

The Board denied the Veteran's claim for an earlier effective date for the award of a 20 percent rating for lumbosacral strain, finding that no increase in lumbosacral strain became factually ascertainable during the year preceding February 26, 2007.

The Veteran's appeal for a higher initial rating for his low back disability was denied. The RO granted service connection and assigned an initial rating of 10 percent, which was later increased to 20 percent effective May 4, 2006.

The Board has determined that the Veteran's claimed back, head, right shoulder, and right hip disabilities are not related to service. The evidence does not support a finding of continuity of symptomatology or direct service connection.

The Veteran's appeal was denied for increased ratings for his lumbar spine disability, neurological deficit of the right foot, depression not otherwise specified associated with the service-connected lumbar spine disability, and hypertensive heart disease.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected chronic lumbar strain and any associated neurological abnormalities. The issues of service connection for degenerative disc disease of the lumbar spine (secondary to service-connected chronic lumbar strain) and increased rating for chronic lumbar strain are also on appeal.

The Board has determined that a new VA examination is needed to address the Veteran's claims for service connection due to inadequate rationale in the previous examination report.

The Board has decided to remand the case due to issues with communication and scheduling, including a change in address for the Veteran. The claim will be returned to the RO for further development.

The Board found that the Veteran's current lower back disorder is not related to service or a service-connected condition, and thus denied his claim for service connection. The other issues were also addressed but are not relevant to this JSON format.