Back / lumbar spine decisions — 2013

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's lumbar spine strain has been rated at 10 percent since September 19, 2008. The Board finds that the current rating of 10 percent is appropriate based on the evidence showing limited range of motion and pain without additional functional loss or abnormal gait.

The Veteran's claim for a compensable rating for his service-connected lumbar contusion was denied. The Board also found that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a back disability, including as secondary to the service-connected lumbar contusion.

The Board has remanded the issues of service connection for cervical and lumbar spine disorders due to incomplete records from private providers. The Veteran is requested to provide authorizations for these providers so that all relevant treatment records can be obtained.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and private medical records from his employer. A new VA examination will be conducted to assess the current severity of his service-connected degenerative arthritis of the lumbar spine.

The Board has remanded the Veteran's claims for hypertension and lumbar spine disorder due to insufficient consideration of lay statements and duty to assist.

The Veteran's lumbar and thoracic spine disabilities have been rated based on their service-connected nature, with the most recent rating decision granting a 20 percent rating for each condition effective January 1, 2002. The claims for increased ratings remain pending.

The Veteran's low back disability was not manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less, limitation of the combined ranges of motion to 120 degrees or less, or muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour; incapacitating episodes were not shown. As a result, a rating in excess of 10 percent is not warranted for the Veteran's service-connected lumbosacral strain with postoperative stenosis.

The Board found the VA examinations inadequate and remanded for another examination. The February 2013 VA examination is considered adequate, with no indication of service connection.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently evaluated at 20 percent, effective from February 15, 2005.

The Veteran's service-connected thoracolumbar strain and herniated nucleus pulposus at L4-L5 level have been rated as 20 percent disabling since December 6, 2007. The Board finds that the current disability does not warrant a higher rating.

The Board has determined that there is no evidence of a service connection for the Veteran's back disorder, and any current symptoms are not related to his military service.

The Veteran's claim of service connection for residuals of a chest injury, lumbar spine disability, and cervical spine disability was granted. The rating assigned is 0% (noncompensable) for each condition.

The Board denied the Veteran's claims of service connection for bilateral hip and shoulder conditions, finding that there was no evidence linking these conditions to his service-connected knee disabilities. The Board also found that the Veteran's current back condition is not service connected.

The Veteran's claims for increased ratings for lumbar radiculopathy of the left and right lower extremities, as well as degenerative disc disease of the lumbosacral spine, have been granted.

The Board denied service connection for the claimed conditions, including scoliosis, degenerative disc disease of the back (back disability), right leg condition, left thigh disability, and bilateral knee disability, as they were not shown to be directly related to service.

The Board finds that the Veteran sustained an injury to his back as a result of an in-service jeep accident, and has current degenerative disc disease. The lung or respiratory disability is not established. Service connection for the lumbar spine disability is granted.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and arranging a new examination to assess the severity of his lumbar spine disability. The TDIU claim will also be addressed.

The Veteran's claim for an earlier effective date for TDIU is denied as there was no factual entitlement to the benefit prior to January 26, 2006.

The appeal is being remanded due to incomplete records, and further development under the duty to assist is needed.