Back / lumbar spine decisions — 2014

The Board found no evidence of a chronic low back disability in service and denied the Veteran's claims for service connection.

The Board has denied the Veteran's claims for service connection for a back disability and headaches, finding that there is no clear and unmistakable evidence of pre-existing conditions or aggravation during service. The Board also found that the current symptoms are not related to service.

The Veteran's lumbar spine disability is rated at 20 percent prior to June 10, 2005. The rating for the cervical spine disability remains unchanged.

The Veteran's appeal is being remanded due to the need for additional VA examinations and consideration of his claims.

The Board has decided that the Veteran's low back disorder is service-connected as secondary to his service-connected bilateral knee disabilities.

The Board has vacated the previous decision and is granting service connection for a low back disability.

The Board has vacated the previous decision and is granting service connection for a low back disorder.

The Veteran's back disorder was initially manifested by complaints of pain with forward flexion in excess of 60 degrees, combined thoracolumbar range of motion in excess of 170 degrees. The rating assigned from October 30, 2012, has been granted.

The Board has granted service connection for chronic sinusitis, lumbar disc herniation, lumbosacral degenerative disc disease, lumbosacral osteoarthritis, and bilateral sciatica of the lower extremities.

The Board found that the current degenerative arthritis of the lumbar spine did not have onset during active service and is unrelated to a congenital abnormality or an injury, disease, or event during active service.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are being remanded due to the need for additional development, including obtaining new opinions from examiners.

The Veteran's service-connected low back disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The VA examiner concluded that the Veteran's scoliosis and degenerative joint disease are not related to his military service, as there is no specific in-service history leading to these conditions.

The Board has remanded the case for a video hearing due to the Veteran's failure to report for his scheduled personal hearing.

The Board has granted the Veteran's claims of service connection for a back disability, right knee disorder, and dry eye disability. The evidence received since the prior denial is new and material, raising a reasonable possibility of substantiating these claims.

The Veteran's claims for service connection for hearing loss, hypertension, and DJD of the bilateral shoulders have been denied as there is no current disability meeting VA compensation criteria. The Veteran's claim for TDIU has also been denied.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues on appeal include evaluations for various knee and hip conditions, as well as service connection for bilateral hip disability.

The Board has determined that the reduction in the Veteran's disability rating from 20 to 10 percent for his degenerative arthritis of the lumbar spine with residuals from a L4-5 microdiscectomy was not proper due to the fact that the lower rating had been in effect for less than five years and did not reflect an actual improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's low back disability has not resulted in incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks over the past year, and there is no evidence of unfavorable ankylosis. The left lower extremity neurological difficulty has been rated as moderate with symptoms including pain, numbness, itching, and impaired walking ability. For the entire rating period on appeal, the Veteran's service-connected disabilities have resulted in unemployability.

The Veteran's degenerative disc disease of the lumbar spine is found to be related to his combat service, and thus granted as service connection.