Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's thoracolumbar spine disability is related to an in-service injury and grants service connection for this condition.

The Veteran's lumbar spine disability has been evaluated at a 10 percent rating since September 2008. The VA examiner found that the Veteran’s symptoms do not warrant an increase in his evaluation.

The Board finds that there is no evidence of a chronic back disability in service and the Veteran did not have continuity of symptoms from an injury in service to the date of diagnosis. The VA examiner opined that the current back disability was less likely than not incurred in, or caused by, his service.

The Veteran's service-connected low back disorder is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on current evidence of record.

The Veteran's lumbosacral strain is currently rated at 40 percent disabling, effective from the date of his claim. His hypertension was initially rated at 10 percent prior to September 26, 2013 and then increased to 40 percent thereafter.

The Board found no evidence to support the Veteran's claims for service connection for his back condition and acquired psychiatric condition, including PTSD. The preponderance of the evidence did not establish a link between current symptoms and an in-service stressor or chronic disability.

The Veteran's left leg disability is found to be secondary to his service-connected back disability, and the claim for service connection is granted.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed neck, back, bilateral foot, bilateral leg and acquired psychiatric disorders.

The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's service-connected lumbosacral strain, and updated VA treatment records are required. The case is being remanded for these actions.

The Veteran's appeal is remanded for further development, including a VA examination to assess the extent of his service-connected lumbar spine disability and obtain any outstanding treatment records.

The Veteran's claim for service connection for a back disability, to include degenerative arthritis of the lumbar spine is being remanded due to incomplete information regarding his National Guard service and potential missing medical records. The Board will attempt to verify his periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA), obtain any relevant service treatment records, and provide an examination to determine the etiology of his back disability.

The Veteran's appeal is being remanded for further development, including a VA examination and adjudication of the TDIU claim.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent from May 21, 2006 to June 27, 2008, and in excess of 20 percent from June 28, 2008 onward for his lumbar spine disability. The Veteran's condition was found to be a direct service connection without any presumption or secondary basis.

The Veteran's increased rating claim for left knee disability was denied as his symptoms did not meet the criteria for a higher evaluation. Service connection claims for right knee and back disabilities were also denied due to lack of evidence linking these conditions to service or service-connected left knee condition.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's back disability and a need for additional medical opinions. The Veteran is entitled to service connection if his current back condition is related to his military service.

The Veteran's lumbar spine disability was granted service connection and increased to 20 percent effective May 17, 2010. Right leg radiculopathy was also granted service connection effective the same date.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his degenerative disc disease of the cervical and lumbar spines, as well as for obtaining any relevant medical records.

The Veteran's service-connected lumbar spine disability is currently evaluated as 20 percent disabling. The Board finds no basis to award a higher evaluation based on the current evidence of record.

The Board has decided to remand the case due to the need for additional development, including obtaining SSA records and VA treatment records. The Veteran's claim will be reconsidered after these records are obtained.

The Board found no evidence of a chronic low back disorder during service and insufficient continuity of symptomatology to establish service connection. The Veteran's current low back disorder is less likely associated with his active service.