Back / lumbar spine decisions — 2014

The Board found no evidence of a chronic lumbar spine disorder in service and denied the Veteran's claim for service connection, concluding that his current condition is not related to an in-service injury.

The Veteran withdrew her appeal in August 2014 for all issues listed.

The Veteran's claim for an earlier effective date for his service connection for degenerative disc disease and degenerative spondyloarthritis, thoracolumbar spine with intercostal neuritis at T5-T6 secondary to osteophyte formation on the right costovertebral junction is denied. The effective date remains January 2, 2009.

The Board has decided to remand the case for further development, including obtaining additional medical records and scheduling a VA examination.

The Board has determined that the Veteran's failure to report for VA examinations in 2010 and 2011 constitutes good cause, and a new examination is needed to determine if her current back disability is related to service.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is currently receiving the maximum schedular rating for his right index finger disability, which has been rated as 10 percent disabling under Diagnostic Code 5229 due to limitation of motion. Service connection was not granted for blurred vision or visual impairment, arthritis of the right wrist, and a left knee disability.

The Veteran's low back disability, diagnosed as a lumbar strain and lumbar spondylosis, is considered to be related to his active duty service. The Board has determined that the evidence is in equipoise regarding this claim and thus grants service connection.

The Board has determined that the Veteran does not have a current right hip disability, and her sleep impairment is related to PTSD. The low back disability was also found to be unrelated to service.

The Board has determined that the Veteran's low back disability warrants a 40 percent rating, but not higher. The evidence does not support an increased evaluation.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not have onset during active service and is not etiologically related to his military service.

The Veteran's claim for service connection for PTSD has been denied. The claims for service connection for a tremor disorder and lumbar spine degenerative joint disease (DJD) are pending.

The Veteran's appeals for increased ratings for left knee osteoarthritis and DDD of the lumbosacral spine are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board has determined that the Veteran's service-connected left knee disability caused his current lumbar spine degenerative disc disease, and thus grants service connection for this condition.

The Veteran's service-connected degenerative disc disease and degenerative joint disease of the lumbar spine is currently rated at 20 percent for the period since May 19, 2008. The Board finds that a higher rating is not warranted as his disability does not meet or approximate criteria for a disability rating in excess of 20 percent.

The Board has remanded the claims due to inadequate examination reports and need for additional medical opinions regarding service connection for a low back disorder, as well as TDIU. The Veteran's service-connected knee disabilities are alleged to be aggravating her nonservice-connected back disorder.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and deck logs from the USS Pictor.

The Board has granted service connection for a low back disorder, finding that the condition is directly related to military service.

The Veteran's cervical spondylosis with degenerative disc disease was rated at 10 percent prior to April 20, 2012.

The Board found that the Veteran's upper back and neck disabilities did not have onset during his active service, arthritis of these areas did not manifest within one year of separation from active service, and his current conditions were not caused by his active service. The Board concluded that there was insufficient evidence to rebut the presumption of soundness in this case.

The Board has determined that the Veteran's lumbar spine disability is not related to his military service and therefore denied his claim for service connection.