Back / lumbar spine decisions — 2013

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that his current condition is at least as likely as not permanently aggravated by service.

The Board found that the Appellant's low back disability was not incurred or aggravated by service, including ACDUTRA. The evidence did not support a finding of direct service connection.

The Veteran's claims for service connection are being remanded due to the need for additional development, including an addendum opinion regarding a congenital defect of spondylolisthesis and its relationship to military service.

The Board has determined that the Veteran's current lumbar spine disability did not have its onset during active service, was not shown to be related to service, and is not etiologically related to active service. As a result, the claim for service connection for a lumbar spine disability is denied.

The Veteran's service-connected cervical spine disability has not manifested in loss of range of motion to the extent that forward flexion was less than 15 degrees or favorable ankylosis of the entire cervical spine. Therefore, a rating in excess of 20 percent is not warranted.

The Board has remanded the case back to the RO for review of additional evidence submitted by the Veteran, including personnel records and a medical opinion response form.

The Veteran's claims for service connection are being remanded due to the need to obtain his service personnel records and a new opinion regarding whether he had a neurological disability of the left lower extremity within one year of discharge from service.

The Board has determined that the Veteran's low back disability is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's service-connected conditions do not render him unemployable due to their severity, as the VA Director of Compensation and Pension Service found that his disabilities did not preclude employment.

The Veteran's left ankle arthritis is rated at 20 percent, and his bilateral knee disorders are not service-connected. The lumbosacral spine disorder was also found to be directly related to the service-connected left ankle arthritis.

The Board has determined that the appeal is premature and remands for further action, including adjudication of the appellant's request to be substituted as the claimant.

The Veteran's L5-S1 degenerative disc disease and spinal stenosis with radiculopathy, status post lumbar fusion and laminectomy, is currently rated at 40 percent. The rating criteria used for this condition are the most favorable to the Veteran.

The Veteran's lumbosacral strain with degenerative disc disease has not met the criteria for a rating in excess of 10 percent as of September 29, 2009.

The Board found no evidence of a lumbar spine or bilateral foot disorder in service, and the VA examinations did not link these conditions to service.,Both the Veteran's lumbar spine condition and bilateral foot disorder were diagnosed many years after separation from service.

The Veteran's claimed lumbosacral spine disorder is not service-connected as it did not manifest during or within one year after service, and there is no evidence of a nexus to service.

The Board denied service connection for sleep apnea and spine disabilities, finding that the conditions were not related to active duty service.

The Veteran's appeal was denied as his service-connected right knee disability did not warrant a rating higher than 10 percent, and he failed to establish service connection for the claimed left knee, bilateral hip, or low back disorders.

The Board has determined that the Veteran's claimed left big toe disorder, diagnosed as degenerative joint disease, was not incurred in or aggravated by service and is not presumed to have been incurred due to exposure to herbicides. The claim for low back disorder, right knee disorder, and left knee disorder are held in abeyance pending further development.

The VA has determined that the appellant's degenerative disc disease of the cervical spine warrants a 10 percent evaluation prior to March 4, 2010.

The Veteran's appeal is being remanded for additional development, including a video conference hearing. The issues include service connection for a psychiatric disorder secondary to IVDS of the thoracolumbar spine, rating for IVDS, and TDIU.