Back / lumbar spine decisions — 2013

The Veteran's lumbar spine disability has been rated at 10 percent since July 31, 2009. The rating is based on the presence of mild anterior wedging and disc space narrowing without any other service-connected conditions or exposure basis.

The Board found that the Veteran's back condition and right leg sciatica did not have their onset during active service, nor were they related to her military service. The claims for service connection were denied.

The Board has determined that the Veteran does not have current diagnoses for high fever, right calf muscle damage as residual of shrapnel fragment wound, left knee disorder, right knee disorder, or low back disorder. As such, service connection is denied for these conditions.

The Veteran's thoracolumbar spine disability is found to be service-connected. However, there is no evidence of a current skin disease or any other condition for which presumptive service connection based on herbicide exposure can be granted.

The Board denied an increased rating for the Veteran's degenerative disc disease of the thoracolumbar spine and found that his right knee disability claim was not properly reopened due to lack of new evidence within one year. The Veteran's current 10 percent rating for back pain is upheld, but no higher as it does not meet criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including a new VA examination and issuance of a statement of the case regarding his PTSD claim.

The Veteran's service-connected headaches are currently rated at 30 percent, but the Board finds that a higher rating is not warranted.

The Board found that the Veteran's lumbar spine disability and left leg radiculopathy are not related to service or service-connected conditions, including peripheral neuropathy of the feet.

The Board has decided to remand the case for further development, including obtaining records from a chiropractor and scheduling the Veteran for a VA examination.

The Board found that the Veteran's lumbar spine disorder is not related to his military service or a service-connected disability, and his respiratory disorder is not related to his military service.

The Veteran does not have a current low back disorder that manifested in service or within one year thereafter, and there is no evidence of continuity of symptomatology. The Board finds that the Veteran's low back problems are not related to her military service.

The Veteran's lumbar spine disability was initially rated at 10 percent from August 29, 2006 to September 9, 2011. After the May 2012 rating decision, a higher initial rating of 20 percent was granted effective September 9, 2011.

The Veteran's back disability, including radiculopathy of the right and left lower extremities, is rated at 40 percent since March 19, 2012. The claim for TDIU is part of her appeal.

The Veteran's service connection claims for cervical spine, low back, left and right knee, and left and right ankle disabilities are denied as the evidence does not support a finding that these conditions were incurred or aggravated by his military service.

The Veteran's spondylolisthesis of L5 on S1 is currently rated at 40 percent, effective March 17, 2010. The rating reflects the current state of her disability based on the criteria for a thoracolumbar spine with forward flexion to 30 degrees or less.

The Board has granted the appellant's request to reopen his claims for service connection for a back disability and bilateral hearing loss, finding new and material evidence. The claim of service connection for tinnitus was also reopened.,Service connection is granted for bilateral hearing loss and tinnitus as both conditions are found to be at least as likely as not attributable to active service.

The Board denied service connection for both left hip and low back disorders, finding no current disability due to the Veteran's in-service motor vehicle accidents.

The Veteran's appeal is being remanded for additional development, including obtaining missing records and scheduling VA examinations to assess the severity of his service-connected disabilities and their impact on his daily activities and employment.

The Veteran's service-connected residuals of a gunshot wound to the back are manifested by one scar, which does not meet the criteria for a compensable rating under VA disability evaluation criteria.

The Board is considering the Veteran's back disability claim on the merits without the need for new and material evidence. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.