Back / lumbar spine decisions — 2014

The Veteran's service-connected cervical DDD and radiculopathy have been rated at the maximum available rating of 20 percent, and no higher. The Board finds that his symptoms do not warrant a higher evaluation.

The Veteran's service-connected cervical spine strain has been increased to a 20 percent evaluation effective September 28, 2012. The previous noncompensable rating was corrected in October 2012.

The Veteran's cervical and lumbar spine disabilities are found to be at least as likely as not related to his service, including parachute jumps. The claim for service connection is granted.

The Veteran's current lumbar spine degenerative disc disease with arthritis is presumed to have been incurred in service due to chronic symptoms during and since service.

The Board has determined that the Veteran's current low back disability is not related to service and therefore denied his claim for service connection. The increased rating claim for carpal tunnel syndrome of the right hand will be remanded.

The Veteran's claim for a higher rating for his service-connected low back disability has been denied. The evidence does not meet the criteria for a rating in excess of 20 percent prior to July 19, 2012, and in excess of 40 percent thereafter.,A separate 10 percent rating is already assigned for radiculopathy of the left lower extremity associated with intervertebral disc syndrome of the thoracolumbar spine.

The Board found that the Veteran's claimed uterine disorder, including endometriosis and uterine fibroids, headaches, and lumbar spine disability to include arthritis are not etiologically related to service. The claims for these conditions were therefore denied.

The Board finds that the Veteran's back and right shoulder disabilities have worsened to a degree warranting restoration of their original ratings from December 1, 2007 to January 12, 2012.

The Board has determined that the Veteran's tinnitus began during military service and is at least as likely as not related to his combat experience. The claim for secondary service connection for lumbar spine disorder due to bilateral knee disabilities will be remanded for further development.

The Board has determined that the Veteran's current right knee and low back disabilities are not related to his active duty service, and thus denied both claims.

The Board found that the Veteran's low back, bilateral ankle, and bilateral knee disabilities are not service-connected as they were not caused or aggravated by his active military service.

The Veteran's lumbosacral strain was rated at a compensable level (10%) from February 18, 2009 to April 7, 2014.

The Veteran is seeking an effective date before February 2, 2000, for the grant of a total disability rating for compensation based on individual unemployability. The case has been remanded to determine if extraschedular consideration should be applied.

The Board found that the appellant's low back disorder is unrelated to any period of USMC Reserve ACDUTRA or INACDUTRA, and thus denied his claim for service connection.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's lumbar spine disorder is proximately due to or aggravated by his service-connected PTSD and/or diabetes mellitus. The issue will be reconsidered after obtaining this additional information.

The Veteran's right lumbar radiculopathy has been rated at 40 percent since March 20, 2012.

The Veteran's lumbar strain does not meet the criteria for a higher initial evaluation, as it does not result in muscle spasm or guarding severe enough to affect gait or spinal contour.

The Board denied service connection for a low back disability, headaches, and a gastrointestinal disorder. The claim for migraine headaches, cervical spine disability, and gastrointestinal disorder is remanded.

The Veteran's lumbar spine disability has not resulted in limitation of motion to a degree that would warrant a higher rating, and no other factors have been shown to justify an increased rating.

The Veteran's back disability, rated as lumbosacral strain, is currently evaluated at a noncompensable rating. The Board has determined that the evidence does not support an initial compensable evaluation for this period.