Back / lumbar spine decisions — 2013

The Veteran's degenerative changes of the lumbar spine are currently rated at 40 percent, and his incomplete paralysis of the sciatic nerves of both lower extremities are each rated at 20 percent. Effective April 15, 2008, a 50 percent rating for the lumbar spine is granted.

The Veteran's low back strain is currently rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The VA examiner found that forward flexion was to 50 degrees or better without associated neurological symptoms.

The Veteran's service-connected disabilities do not meet the criteria for a higher rate of SMC based on the need for regular aid and attendance of another person.

The Board denied the Veteran's claims for earlier effective dates for service connection of DDD of the lumbar spine and coccydynia, finding that the earliest date of claim was September 27, 2007.

The Board has determined that the Veteran's lumbar spine degenerative disc disease is related to service and grants service connection for this condition.

The Board has determined that the Veteran's lumbar spine disability and left leg disability are not related to his active military service, including parachute jumps. The claims for service connection are therefore denied.

The Board found that the Veteran's statements regarding her in-service injury were not credible and concluded that a current lumbar spine disability is not due to events in active service.

The Veteran's claim for service connection for a lumbosacral disability is being remanded due to the need for clarification regarding whether his condition preexisted service and if so, whether it was aggravated by service. Additionally, VA treatment records dated since July 2008 are needed.

The Board has remanded the case due to incomplete service treatment records and the need for further development of the claims.

The Veteran is seeking service connection for various disabilities, including sarcoidosis, chronic bronchitis, a chronic stomach condition, and a low back condition. The appeal will be remanded to obtain additional evidence and determine if the Veteran's current conditions are related to his military service.

The Veteran's appeal is being remanded due to incomplete records and the need for further development, including VA examinations.

The Board denied the Veteran's request to reopen his claim for service connection for a lumbar spine disorder, finding that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating the claim.

The Board finds that the reduction in the rating from 30 percent to 20 percent for lumbar spine degenerative joint disease, effective October 9, 2008, was proper based on improved range of motion and not due to factors such as pain or use.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his claimed left knee and back disorders.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including a right middle finger disability, left shoulder disability, low back disability, and right wrist disability. The Board found that there was no objective evidence of current disabilities related to these issues.

The Veteran's claims for service connection are being remanded due to the loss of his service medical records and incomplete evidence. Additional development is needed, including obtaining SSA disability decision records, private treatment records, and VA examinations.

The Veteran's lumbar spine disability required a temporary total rating from December 1, 2007 to January 31, 2008 due to convalescence following surgery. The extension is granted under the provisions of 38 C.F.R. § 4.30.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals.

The Veteran seeks service connection for degenerative joint disease of the lumbar spine, which he claims is related to his service-connected knee disability. The Board has determined that a supplemental medical opinion is needed to address both direct and secondary service connection.

The Board has determined that a VA examination is needed to determine if the Veteran's current low back disability is related to his active military service. The case will be remanded for this purpose.