Back / lumbar spine decisions — 2013

The Board has granted service connection for the Veteran's thoracolumbar spine disorder. The decision is pending on whether there is a bilateral leg disorder that can be linked to his back disorder.

The Board has determined that the Veteran's low back disorder and tinnitus were not incurred or aggravated by service, nor can they be presumed to have been so incurred. The preponderance of evidence is against finding a relationship between these conditions and service.

The Veteran's appeal was dismissed as he withdrew his claim before the Board could make a decision.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal has been dismissed as he requested to withdraw his appeal for the issue of entitlement to a rating in excess of 40 percent for his service-connected lumbar spine disorder.

The Veteran's low back and left knee disabilities are not service-connected.,His adjustment disorder with depressed mood is currently rated as 30 percent disabling, but no higher rating is warranted.

The Veteran's claims for increased ratings for his service-connected left hip, right hip, and low back disabilities have been denied. The VA has determined that the current disability ratings do not meet or approximate the criteria for higher ratings under any applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for right lower extremity peripheral neuropathy and a rating in excess of 20 percent for degenerative disc disease of the lumbar spine. The Veteran's lumbar spine disability is currently rated as 20 percent disabling.

The Board denied a rating in excess of 20 percent for the service-connected traumatic arthritis and degenerative disc disease of the lumbosacral spine.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to March 4, 2009.

The Veteran's low back disorder was not incurred in or aggravated by service, and is not related to service. The Board found that the evidence does not support a finding of continuity of symptoms since active duty.

The Veteran's appeal is being remanded due to the need for additional medical records and consideration of new evidence. The issues regarding his service-connected spine disorders are still under review.

The Board has reopened the claims for service connection for fatigue, joint pain with muscle aches (other than disability of the bilateral ankles), and sleep apnea due to undiagnosed illness. The evidence received since the September 1997 rating decision raises a reasonable probability of substantiating these claims.

The Board has determined that additional development is required due to the need for medical opinions regarding the etiology of the Veteran's right foot and low back disorders, as well as whether his current conditions are related to service.

The Veteran's claim for higher initial ratings for his degenerative disc disease of the lumbar spine has been granted, effective July 14, 1999. Effective October 9, 2008, he was assigned a 20 percent rating for peripheral neuropathy of the bilateral lower extremities.

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

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from Cape Fear Valley Medical Center. A spine examination is also required to determine if any current lumbar spine disorder began in or is related to military service.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from April 11, 2013. The rating reflects that his condition has not resulted in ankylosis or incapacitating episodes.

The Veteran's lumbar spine disability has been characterized by complaints of pain and tenderness, abnormal contour of the spine, and some limitation of motion. The VA examiner found that his flexion was more limited than clinically observed but still exceeded what would warrant a rating in excess of 20 percent. Therefore, he is currently rated at 20 percent for his lumbar spine disability.

The Veteran's service-connected lumbosacral degenerative disc disease is currently rated at 10 percent, and the claim for an initial evaluation in excess of 10 percent has been denied.