Back / lumbar spine decisions — 2014

The Board found that the Veteran's right ankle sprain is not related to service and denied his claim for service connection. For his low back disability, the Board also found no nexus between the current condition and service/injuries therein.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected cervical spine, lumbar spine, and bilateral shoulder disabilities.

The Board has remanded the case for additional development due to incomplete service records and unverified periods of active duty. The Veteran's claims for left wrist injury and back disorder are being reviewed.

The Veteran's lumbosacral strain, status post posterior interbody fusion of L4-5 and L5-S1, has not more nearly approximated unfavorable ankylosis. Therefore, the claim for a higher rating is denied.

The Veteran's claims for service connection for hypertension and low back disability were denied. The Board found no evidence of a current diagnosis or treatment related to these conditions during service, and the preponderance of the evidence did not support a finding that they are related to service.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference Board hearing at the RO.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating as his forward flexion of the thoracolumbar spine has been found to be greater than 30 degrees and he does not have ankylosis.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with an evaluation of 40 percent. Service connection for radiculopathy of the left lower extremity associated with his lumbar spine disability was also granted.

The Veteran's service-connected lumbar spine and cervical spine disabilities are currently rated as 20 percent for the cervical spine, but not greater than 10 percent for the lumbar spine. The Board finds that these ratings are appropriate.

The Board has determined that the Veteran's back and left wrist disabilities had their onset during service, meeting the criteria for service connection.

The Board denied the Veteran's claim for an earlier effective date for service connection of his low back disability, finding that no earlier effective date was warranted based on the date of receipt of the application to reopen the service connection claim.

The Board denied the Veteran's claims for service connection for a left forearm disorder, low back disorder, and acquired psychiatric disorder. The Veteran did not have a current diagnosis of these conditions during his appeal period.

The Veteran's lumbar spine disability is rated at a minimum of 10 percent, reflecting painful motion with little or no limitation of motion.

The Board found that the Veteran's current low back disorder did not manifest within one year of discharge from service and was not caused or aggravated by any aspect of service, including motor vehicle accidents. As a result, service connection for a low back disorder is denied.

The Board has ordered a VA examination to determine the current severity of the Veteran's service-connected chronic low back strain, including conducting x-ray studies and performing range of motion studies. The examiner was asked to evaluate any associated objective neurologic abnormalities, including bowel or bladder impairment, and whether diminished ankle and knee jerks are related to the service-connected chronic low back strain.

The Board has remanded the case for additional development due to an inadequate VA examination, and the Veteran's claim of service connection for a low back disorder remains pending.

The Veteran's degenerative disc disease of the lumbar spine is now rated at 60 percent, effective January 3, 2014. The other conditions remain at their current ratings.

The Board has granted the Veteran's service connection claims for low back disability, bilateral hearing loss disability, and PTSD. The claim for low back disability was reopened due to new evidence provided by a private physician. Service connection is established for bilateral hearing loss disability based on in-service noise exposure without protection. PTSD is also service-connected as it is linked to an in-service stressor that has been corroborated.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his active military service. Service connection for Grave's disease was denied as there is no evidence of its onset or causation in service.

The Veteran's claims for service connection for an eye disability and back disability were denied as the evidence did not establish a link to service.,Service connection was granted for right knee degenerative joint disease, but left knee disability is not supported by the record.