Back / lumbar spine decisions — 2013

The Veteran is seeking an earlier effective date for the award of service connection for lumbar degenerative disc disease, which was granted with a May 3, 2007 effective date. The case has been remanded due to claims of CUE in previous decisions.

The Board has reopened the Veteran's claim for service connection of a lumbar spine disability and remanded it for further development.

The Board has determined that the Veteran's current chronic left foot disorder, low back degenerative arthritis, and right hip degenerative arthritis with sciatic neuropathy are not related to his period of service. The claims for service connection have been denied.

The Veteran has withdrawn his appeal on the issues of service connection for right rotator cuff tendinopathy, cervical spine osteoarthritis, thoracolumbar spine osteoarthritis, and left and right leg cramps.

The Board found that there is no evidence to support a finding that the Veteran's low back disability other than chronic lumbosacral strain was incurred in or aggravated by active service or by a service-connected disability. As such, the claim for service connection was denied.

The Veteran's claims for higher initial ratings for lumbar myositis, cervical myositis, and right hip trochanteric bursitis were denied. The maximum assigned rating of 20% was granted for the service-connected conditions.

The Board has determined that the Veteran's current bilateral knee and back disorders are not related to his service-connected left foot plantar keratosis, and thus denied both claims.

The Veteran's claim for an increased rating for C5-6 posttraumatic cervical spondylosis and degenerative disc disease was denied, as his range of motion did not meet the criteria for a higher evaluation. His claim for service connection for a low back condition was also denied.

The Veteran's claims for service connection for schizoaffective disorder and an increased rating for his lumbar spine disability are being remanded due to the need for additional medical opinions.

The Veteran's service-connected joint pain due to undiagnosed illness is currently rated at the maximum schedular rating of 40 percent.,Service connection for degenerative disease of the lumbosacral spine and bilateral knee disabilities are granted as secondary to his service-connected joint pain.

The Board has granted service connection for PTSD but denied the initial disability rating for Mechanical Low Back Strain.

The Veteran's claim for an extra-schedular rating and TDIU was denied. The Board found that the evidence did not support entitlement to an extra-schedular rating, as no unusual or exceptional disability picture had been demonstrated. For TDIU, the combined evaluation of 80% met the minimum requirements but the Veteran's service-connected disabilities were deemed insufficient for a finding of unemployability.

The Veteran's service-connected chronic lumbar strain with DDD of the lumbar spine is currently rated at 40 percent, effective May 16, 2006.

The Board denied the Veteran's claims for service connection for back disability with lumbago and chronic pain, as well as epididymitis (also claimed as burning feeling in testicles), finding that there was no evidence of a current disability related to service.

The Veteran's DDD of the lumbar spine was rated at 20 percent prior to April 2, 2012, and in excess of 40 percent thereafter. The disability met the criteria for a higher rating as of November 10, 2011.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent evaluation, and her radiculopathy of the left lower extremity warrants a 20 percent evaluation. These ratings are in accordance with the criteria set forth in the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and thoracic spine are related to his active service, granting service connection for these conditions.

The Board has ordered a remand to obtain additional medical records and provide the Veteran with an updated VA examination. The goal is to determine if the Veteran's current back disorder had its onset during service or was aggravated by in-service events.

The Veteran's claims for service connection for low back, leg and knee disorders are being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations.