Back / lumbar spine decisions — 2014

The Board found no evidence of a current back disability and denied service connection for the Veteran's claimed back disorder. For sleep apnea, the Board determined that there was insufficient evidence to establish a nexus between the condition and service or any service-connected disabilities.

The Veteran's initial rating for degenerative disc disease of the lumbar spine was granted at a 10 percent rating from April 2009, and increased to 20 percent effective October 10, 2012. The current rating is in accordance with the criteria set forth under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the Veteran's chronic low back disability did not have its onset during active military service and denied his claim for service connection.

The Board has remanded the case for further development, including obtaining a VA medical opinion on whether the Veteran's back disorder is secondary to his service-connected bilateral knee disabilities.

The Board has remanded the case for further development, including obtaining medical records and arranging for additional examinations to determine the nature and etiology of the Veteran's claimed disabilities.

The Board denied service connection for sinusitis, carpal tunnel syndrome, and multiple joint pain. The Veteran's current sinus disorder was not found to be related to his active service or due to exposure to toxins including CARC paint.

The Veteran's service-connected lumbar spondylosis and right knee disability were evaluated at the 10 percent level, which was denied as not meeting criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and its impact on employment.

The Veteran is granted a TDIU due to service-connected depressive disorder with sleep onset insomnia prior to August 20, 2009 and SMC at the housebound rate effective prior to that date.

The Board found that the Veteran's sinusitis, neck disability, and low back disability were not related to his military service. The evidence did not establish a nexus between these disabilities and his active duty or National Guard service.

The Board has remanded the issues of increased ratings for left and right trapezius strain, as well as the matters of service connection for a right ankle disability and sleep apnea (claimed as due to PTSD). The other claims are being considered.

The Veteran's appeal is being remanded for additional development to obtain medical records and examinations related to his claimed disabilities, including a back disability, right ear hearing loss, left ear hearing loss, and PTSD. The case will be returned to the Board for further appellate consideration.

The Board has found new and material evidence to reopen the Veteran's claim for service connection, but has determined that the evidence does not support a grant of service connection due to lack of medical nexus between his current condition and his in-service injury.

The Veteran's claim for a rating in excess of 20 percent for mechanical low back strain is granted. The claim for service connection for an acquired psychiatric disorder, claimed as depression, is also granted.

The Veteran's claims for increased ratings for left leg disability and low back disability were denied. The Board found that the current evaluations adequately reflect the severity of the disabilities.

The Board has decided to remand the Veteran's claims due to incomplete records and inadequate medical opinions. The case will be returned for further development.

The Board found that the Veteran's current low back disability did not manifest during service and is not related to any incident therein, thus denying his claim for service connection.

The Veteran's service-connected degenerative disc disease status post lumbar surgery with scar is productive of severe pain and limited motion, warranting a 40 percent rating effective August 1, 2008.

The Veteran's low back pain, paravertebral myositis was rated at 20 percent prior to May 1, 2014 and increased to 60 percent thereafter. The Board found the evidence supported a higher rating as of May 1, 2014.

The Veteran's low back strain is currently rated at 20 percent, which meets the criteria for a rating of 20 percent under Diagnostic Code 5237.