Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's current low back disorder is not causally or etiologically related to her military service, and arthritis did not manifest within one year of her discharge from service. Therefore, the claim for service connection for a low back disorder is denied.

The Board has denied the Veteran's claim for service connection for a low back disability. The issue of an initial rating in excess of 70 percent for PTSD and TDIU due to service-connected disability is pending.

The Board has ordered a remand for additional medical examination to determine if the Veteran's service-connected lumbar spine strain is associated with any bladder or bowel issues. The claim will be reconsidered based on this new information.

The Board found that the Veteran's current lumbar spine disorder is not related to his active service and denied his claim for service connection.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent from April 24, 2001 to March 16, 2008.

The Veteran's lumbar spine disability, right patella fracture, left knee condition, and hip conditions have been rated based on their current manifestations. The increased ratings granted are consistent with the criteria for each condition.

The Board denied the Veteran's claims for service connection for a back disability and TDIU, finding that there was no evidence to support these claims based on direct service connection or any other theory.

The Veteran's low back disability is rated at 40 percent since September 18, 2001. The left hip replacement residuals are rated at 40 percent prior to October 20, 2009 and 50 percent as of October 1, 2011. The right hip disorder is rated at 40 percent prior to October 20, 2009 and the Veteran now has a separate rating of 10 percent for limitation of extension of the right thigh from October 24, 2011 to September 22, 2013. The pes planus is rated at 10 percent.,The Veteran's low back disability causes severe limitation of motion with forward flexion to just 30 degrees or less since September 18, 2001. His left hip replacement residuals are manifested by moderately-severe pain, weakness, and limitation of motion since October 1, 2011. The right hip disorder is manifested by limited extension from October 24, 2011 to September 22, 2013.

The Board finds that the Veteran's cervical spine and low back disabilities were not incurred in or aggravated by service. The VA examiner provided a thorough rationale for his opinion based on the available evidence of record.

The Veteran's service-connected disabilities do not render him unemployable as he has worked in various sedentary positions and is capable of engaging in less physically demanding work.

The Veteran's claims for increased ratings for lumbar strain and right lower extremity radiculopathy were denied by the Board. The initial disability rating for lumbar strain remains at 40 percent, while the initial disability rating for right lower extremity radiculopathy remains at 10 percent.

The Board has determined that the Veteran's current lumbar spine disorder and associated radiculopathy in the left lower extremity are likely aggravated by his service-connected right knee disability, warranting service connection based on secondary aggravation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records prior to 2007 and a new examination to determine the presence of neurological disorders of the lower extremities. The Veteran also needs a new VA examination to assess the current level of impairment due to his service-connected thoracolumbar spine disability.

The Veteran's appeal is being remanded due to his recent move and the need for a rescheduled Board hearing. The issues of entitlement to service connection for multiple disabilities are referred back to the AOJ.

The Veteran's claim for an increased rating for his degenerative disc disease at L1-L2, L2-L3, L4-L5, L5-S1, lumbar strain is being remanded due to the need for additional VA examinations and possibly updated medical records from SSA.

The Board has determined that there is no evidence of a current hearing loss or low back disability, and the Veteran's assertions regarding in-service noise exposure are not credible. Therefore, service connection for these conditions cannot be established.

The Veteran's low back disorder is currently rated at 10 percent, and she has a separate 10 percent rating for radiculopathy of the right lower extremity. The Board finds that her symptoms do not warrant an increased rating.

The Veteran's low back disability is currently rated at 20 percent, but the Board has remanded to determine if higher ratings are warranted for his associated femoral radiculopathy.

The Veteran's lumbar and cervical spine disabilities are not service-connected as they are considered to be the result of natural progression post-service, with no evidence linking them directly to his military service.

The Veteran's service connection claim for Paget's disease and increased rating claim for lumbosacral spine disability were both denied. The Board found that the evidence did not support a finding of service connection or an increase in disability ratings.