Back / lumbar spine decisions — 2013

The Veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected low back disability. The claims for increased rating and TDIU are inextricably intertwined.

The Veteran's bilateral pes planus was found to be not aggravated by service, and his mechanical low back strain and right knee disability were both denied as secondary to service-connected left ankle fracture.

The Board finds that the Veteran's current lumbar spine, cervical spine, and left knee disabilities are not related to service. The preponderance of evidence does not support a finding that these conditions had their onset in service or within one year following service discharge.

The Veteran's initial schedular ratings for low back injury residuals and right lower extremity radiculopathy have been denied as his symptoms do not more nearly approximate the criteria for higher ratings under the applicable rating schedule.

The Board has determined that the Veteran's DDD of the lumbar spine and spondylolisthesis first manifested during service, granting her claim for service connection.

The Board has determined that the Veteran's left lower extremity radiculopathy is a separate compensable rating, but no other neurological manifestations of his lumbosacral disc disease are separately rated.

The Board has determined that the Veteran's current back disorders and psychiatric disorders are not due to disease or injury incurred in or aggravated by his active military service.

The Veteran's claims for increased ratings for chondromalacia of the right and left knees were denied. However, his claim for increase in degenerative disc disease of the lumbosacral spine was granted with a rating of 20 percent effective April 12, 2011.

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disorders, as well as secondary radiculopathy. The cervical spine disorder was deemed not incurred in service due to lack of pre-existing condition noted at entry, while the thoracolumbar spine disorders were found unrelated to service.

The Veteran's lumbosacral strain with degenerative disc disease was granted an initial disability evaluation of 20 percent, effective November 23, 2010.

The Veteran's lumbar spondylosis with degenerative disc disease is currently rated at 20 percent, the maximum schedular rating available. The Board finds that a higher evaluation is not warranted as his disability does not meet or approximate any of the criteria for a higher rating under the applicable diagnostic codes.

The Veteran seeks service connection for degenerative disc disease of the cervical spine. The case is being remanded due to inadequate medical opinions and missing VA treatment records.

The Veteran's claims for increased ratings for his lumbar spine, right shoulder, and right knee disabilities are being remanded due to the need for additional examinations.

The Board found no evidence linking the Veteran's current gastrointestinal or low back disabilities to his active duty service, and thus denied both claims.

The Board found that the Veteran's current post-operative low back disability did not have its clinical onset in active service and is not causally related to active service.

The Board has determined that the Veteran's back and neck disabilities are not service-connected, as they are not shown to have been incurred or aggravated by his military service. The VA examiner concluded that it is less likely than not that these conditions were caused or aggravated by his service-connected left knee disability.

The Veteran's lumbar spine disability has not been productive of unfavorable ankylosis, and he already has separate service-connected disabilities for neuropathy of the lower extremities. The claim for a higher initial evaluation is denied.

The Veteran's claims for service connection have been denied. The Board found no evidence of a current disability related to his military service, including by way of a service-connected condition.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, right ankle scars, capsulitis of the right ankle, low back strain and hepatitis C, do not meet the criteria for a total disability rating based on individual unemployability due to their combined effect.

The VA determined that the Veteran's low back disability is not related to his military service and denied his claim.