Back / lumbar spine decisions — 2014

The Board has decided to remand the case due to insufficient medical evidence and a need for further examination.

The Board has determined that the Veteran does not have a current low back disability and therefore denied service connection for this condition. The right knee issue is pending as there are no findings on record regarding any current right knee disability.

The Board found no credible evidence of a traumatic injury to the low back during active duty, active duty for training, or inactive duty training. The Veteran's current mild degenerative disc disease is not related to any aspect of his service and was determined to be due to aging.

The Veteran's claim for service connection of a lumbosacral spine disability is being remanded due to the need for an addendum opinion from the July 2011 examiner regarding whether his current condition is related to in-service softball injury or MVA.

The Veteran's claim for service connection for a bilateral lower extremity disorder, secondary to his service-connected degenerative disc disease and multilevel spondylosis of the lumbosacral spine is being remanded due to the need for additional medical examination.

The Board has determined that the Veteran's low back and left knee disabilities were not incurred or aggravated during his periods of active service, nor are they related to any incident of service. The respiratory conditions have also been denied.

The Board has reopened the claim of entitlement to service connection for a back disorder and granted service connection, finding that there is reasonable doubt in favor of the Veteran's claim. The Veteran's current back disorder is found to be etiologically related to his active duty service.

The Veteran's service-connected degenerative joint disease of the lumbar spine is rated at 10 percent prior to December 28, 2011 and at 40 percent from that date. The claim for a separate rating for neurological manifestations secondary to the low back disability was granted.

The Board denied service connection for a low back disability, appendicitis/appendectomy, and headaches due to the lack of evidence linking these conditions to service. The Veteran's STRs showed some complaints related to his back and head but no chronic issues were noted. His current symptoms are not supported by medical evidence connecting them to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his lumbar spine and associated bilateral radiculopathy disabilities, and referring the case to the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional impairment, with the highest rating of 40 percent for his lumbar spine disability from October 1, 2011. The appeal is granted.

The Veteran's claims for service connection and increased rating for PTSD are being remanded due to inadequate VA medical opinions regarding the lumbar spine disability, and failure to provide a VA psychiatric examination as requested in the September 2013 remand order.

The Veteran's initial claim for a higher rating for his low back strain and myofascial pain syndrome was granted, with the effective date set at May 1, 2007.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the submission of new evidence. The RO must review this evidence, including a recent medical opinion from Dr. Hiler, and readjudicate the claims.

The Veteran's claims for higher ratings for his cervical and lumbar spine disabilities, as well as a claim for service connection for sleep apnea, are being remanded due to the need for additional development of his treatment records from Elgin AFB.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including athletes feet, hypertension, head injury, migraine headaches, chronic eye condition, back condition, arthritis (claimed as arthritis of the back, shoulders, hips, and legs), and chronic pain in both hips. The claims are therefore denied.

The Veteran's service-connected lumbar spine degenerative disc disease and radiculopathies are currently rated at 20 percent, which is the maximum schedular rating available for these conditions. The claims for higher ratings have been denied.

The Board has determined that the Veteran's DJD of the left hip had its onset in service and is therefore granted service connection. However, his DJD of the bilateral knees and low back disability are not related to service.

The Board has dismissed the petition to reopen the previously denied claim of entitlement to service connection for migraine headaches. The Veteran's spouse was added as a dependent effective August 1, 2007, but he disagrees with this effective date and seeks an earlier one.

The case is being remanded to attempt to obtain SSA records and additional VA treatment records. The Veteran's claims for service connection are not currently decided.