Back / lumbar spine decisions — 2014

The Board has granted service connection for the Veteran's diagnosed Degenerative Disc Disease (DDD) of the lumbar spine, finding that it is at least as likely as not related to his in-service injury. The decision resolves reasonable doubt in favor of the Veteran.

The Board is remanding the case to obtain medical opinions addressing whether the Veteran's death was caused by an accidental overdose of pain medication, and if so, whether VA negligence or fault contributed to it. The appellant also raised a theory that service-connected back injuries may have contributed to her husband's post-service back condition.

The Veteran's disability rating for orthopedic manifestations of degenerative disc disease and degenerative joint disease of the lumbosacral spine was increased to 40 percent prior to March 2, 2010.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including as secondary to a service-connected disability.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to inadequate VA examination reports and the need for a new examination using a goniometer.

The Board has remanded the case for compliance with the terms of the Joint Motion for Remand (JMR) orders, which include obtaining a new VA examination to determine the severity of the Veteran's right knee disability and whether his low back disability is aggravated by his service-connected right knee disability.

The Veteran's service-connected lumbar spondylosis has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes during the past 12 months, or separately ratable neurological manifestations. Therefore, a rating in excess of 40 percent is denied.

The Board has determined that the Veteran's cervical spine and low back disorders did not manifest during service or within one year of separation, and there is no evidence of chronicity. The VA examiner found no medical basis to support a nexus between current disabilities and active service.

The Veteran's major depressive disorder with recurrent anxiety and lumbar spine facet joint arthritis have been granted increased ratings, but the specific details of the rating decisions are not provided in this excerpt.

The Board has reopened the Veteran's claim for service connection for a left knee disability and granted it. The Board also found that the Veteran's low back disability is related to his active service.

The Board has determined that the Veteran does not have a bilateral knee or low back disability related to service. The evidence shows no in-service injury, and current diagnoses are attributed to degenerative joint disease with possible etiologies including obesity.

The Veteran's service-connected thoracolumbar degenerative disc disease with a herniated nucleus pulposes is currently rated at 40 percent, which is the maximum schedular rating available. The Board denied his claims for increased ratings as there was no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's appeal is denied as the Board finds that new and material evidence has not been received to reopen claims for service connection for a lumbar spine disability, porphyria cutanea tarda (PCD), and PTSD. The Veteran's reports of in-service stressors are deemed unreliable.

The Board denied service connection for a right knee disability and found that the reduction of the rating for lumbosacral spine disability from 20% to 10% was not proper. The Veteran's current lumbosacral spine disability is currently rated as 20% disabling.

The Board finds that the Veteran's current low back disorder, including degenerative disc disease, was incurred during service and grants service connection for this condition.

The Board has found that new and material evidence has not been received to reopen the Veteran's claim of service connection for a back disability. The evidence submitted since the last final denial does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's lumbar spine strain with right L5 disc bulge has been rated at 20 percent since May 7, 2006. The Board finds that the evidence does not support a higher rating prior to March 8, 2010.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected low back syndrome with bilateral lower extremity radiculopathy and tensor fascia lata pain syndrome of the right lower extremity. The examiner will also reconcile any changes in diagnosis.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her service-connected disabilities and obtain relevant medical records.

The Veteran's appeal is remanded to obtain additional medical records and for a VA examination to determine the relationship between his current disabilities and service.