Back / lumbar spine decisions — 2014

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a lumbar spine disorder, a right hip disorder, and a right knee disorder. The Board found no evidence of in-service injury or disease related to these conditions.

The Board has remanded the case for additional development due to inadequate VA examination and issues are intertwined with service connection for low back disability.

The Board has determined that the Veteran's cervical spine disorder, including degenerative disc disease and degenerative joint disease, was incurred in service. The Board finds reasonable doubt in favor of this claim.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disorder was rated at 40 percent, while the peripheral neuropathy of the left leg was rated at 10 percent.

The Veteran's claims for service connection of left knee, low back, and bilateral hip disorders are denied as the evidence does not support a finding that these conditions were caused or aggravated by his service-connected right knee disability.

The Board has determined that additional development is needed to obtain relevant service and private treatment records, particularly those pertaining to the Veteran's Army Reserve service and his back injury. The case will be remanded for this purpose.

The Veteran's combined effects of service-connected disabilities render him unemployable, and his TDIU claim is granted. The reduction from 40 percent to 20 percent for fibromyalgia was improper, and restoration of the 40 percent rating is warranted. Evidence pertaining to a back disability received since the May 1997 decision is new and material, and the claim for service connection for a back disability is reopened.

The Board found that the Veteran's current lumbosacral strain is not related to his service, and thus denied the claim for service connection.

The Veteran has withdrawn his appeals for all issues currently under consideration, and the Board does not have jurisdiction to review them.

The Board has reopened the appellant's claim for service connection for diabetes mellitus. The case is being remanded to obtain additional medical evidence and determine if the appellant's current disabilities are related to his military service.

The Veteran's cervical spine disability was rated at 10 percent disabling prior to August 24, 2010.

The Veteran's lumbar spine disorder is manifested by painful motion, but not forward flexion in between 30 and 60 degrees, a combined range of motion of no greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The criteria for a disability rating for a lumbar spine disorder in excess of 10 percent have not been met.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and an addendum medical opinion to address the back disability.

The Veteran's degenerative disc disease, L5-S1 with spondylosis was rated at 10 percent prior to November 14, 2013 and increased to 20 percent thereafter.,Radiculopathy of the left lower extremity was initially rated at 10 percent prior to November 14, 2013 and increased to 20 percent thereafter. Radiculopathy of the right lower extremity received a similar rating increase.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to assess any current headache disorder. The claims will be readjudicated after all evidence is considered.

The Board has determined that the Veteran's current low back condition is not related to his service and denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a lumbar fracture with spondylolisthesis. The Veteran's current low back disability is related to her active duty service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his service-connected PTSD.

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

The Veteran's thoracolumbar spine disorder results in functional impairment such that he has forward flexion restricted to 60 degrees or less on occasion. The disability does not result in separately ratable neurological manifestations, or incapacitating episodes. A 20 percent rating is granted for the thoracolumbar scoliosis with disc bulge, protrusion and annular tear.