Back / lumbar spine decisions — 2013

The Board denied the Veteran's claims of service connection for low back and neck disabilities in June 1997. The evidence received since then is not new and material, so the claims cannot be reopened.

The Veteran's claim for higher ratings for his lumbosacral strain and associated sciatic nerve disabilities has been denied. His current disability ratings are appropriate based on the severity of his symptoms as evaluated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for a new VA examination and consideration of any additional medical records, including those from a neurosurgeon.

The Veteran's claim for service connection for a back disability, including degenerative changes of the lumbar spine with numbness in both legs and feet with left foot drop, was denied as there is no credible evidence of an injury or disease during active service.

The Board found no evidence of a current low back disorder and denied the claim for service connection.

The Veteran's claim for an earlier effective date for a 10% disability rating for chronic sprain and strain of the lumbar spine with facet arthropathy of L4-L5 was denied as it is not legally possible to grant such an earlier effective date due to the finality of prior decisions. The effective date granted by the RO was September 30, 2002.

The Board has ordered additional development due to the inadequacies of a previous examination, including not discussing all disabilities and their impact on employment. The Veteran is required to provide information about any VA or private healthcare providers who have treated him since 2006.

The Veteran's low back disability, characterized as a lumbar strain, does not meet the criteria for an initial rating in excess of 10 percent under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or any other mental disorder, as defined by the DSM-IV. Therefore, the claim for service connection for an acquired psychiatric disability, to include PTSD, is denied.

The Veteran's lumbar strain disability was evaluated at a 20% rating from January 12, 2012 onwards. The Board found that the evidence did not support an evaluation in excess of this.

The Veteran's degenerative disc disease of the cervical spine is manifested by full range of motion, but with demonstrable painful motion. The Board finds that a compensable evaluation (10%) is warranted based on functional loss due to pain.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active service and is not related to his service-connected left knee disability. The claim for service connection is therefore denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and his cervical spine disability was previously rated at 10 percent prior to October 22, 2008. Since then, it has been rated at 20 percent. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Veteran's low back disability was rated at 20 percent prior to September 26, 2003 and granted a rating of 20 percent thereafter. The Board also found that the Veteran was entitled to TDIU from August 28, 2003 to February 4, 2004.

The Board has remanded the case for a new VA examination to address the etiology of the Appellant's back disabilities, including thorough and thoughtful discussion of prior medical opinions. The claims are currently pending.

The Board found no evidence that the Veteran's current lumbosacral spine disability was incurred or aggravated by service, and denied his claim.

The Board has determined that the VA examination is inadequate and remands the case for further development, including obtaining treatment records and scheduling a VA orthopedic/neurological examination.

The Board has remanded the case due to inadequate rationale in a previous medical opinion regarding secondary service connection for the Veteran's left shoulder and low back disorders. The case will be returned to the RO for further review after obtaining an updated medical opinion.

The Board found that the Veteran's right ankle and left knee disabilities are service-connected, with the right ankle disability being granted. The low back disability was not service-connected but the claim for secondary service connection was granted.

The Board found that the Veteran's claimed heart disorder, bilateral leg disorder, neurological disorder of the left arm and hand, cranial nerve/head disorder, and low back disorder are not shown to be due to a disease or injury in service. The claims for these conditions were therefore denied.