Back / lumbar spine decisions — 2014

The Veteran's service-connected right foot strain and thoracolumbar strain have been rated appropriately based on the severity of their symptoms as per VA regulations. The current ratings do not warrant an increase in disability compensation.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his current disability levels. The issues of restoration of a 60 percent rating for degenerative changes to the T12-L1 vertebrae to include a post-operative surgical scar, higher rating for this condition, and an initial rating in excess of 10 percent for lumbar radiculopathy of the left leg are being remanded.

The Veteran's claim for an increased evaluation of his lumbar spine disability is being remanded due to the need to obtain additional medical records and conduct a new VA examination.

The Board has found that the Veteran's cervical spine disability had its onset in service and is related to his active duty. The claim for a thoracolumbar spine disability was not addressed as it does not appear to be part of the appeal.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling new VA examinations, and considering the evidence in light of the new information.

The Board has decided to remand the case for additional development, including obtaining a medical opinion and requesting SSA disability benefit records.

The Board has received notification of the appellant's request to withdraw his appeal for service connection claims related to gout and a lumbar spine disorder. As such, these issues are dismissed.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a back disorder, as there is no evidence showing a link between his in-service back strain and his current chronic back condition.

The Veteran's low back disorder, characterized as lumbar disc syndrome, was rated at 20 percent prior to January 25, 2011. After this date, the rating was increased to 40 percent.,For his right knee disorder, the Veteran has been denied an initial disability rating in excess of 20 percent.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's left hip and low back disabilities are aggravated by his service-connected left knee disability.

The Board found no evidence to support service connection for the Veteran's residuals of a head injury, as his current neck and upper extremity symptoms are not shown to be related to the head injury sustained in service.

The Veteran's claim for higher ratings for his service-connected paravertebral muscle spasm of the lumbar spine was denied. The initial rating of 40 percent, effective November 14, 2009, is maintained.

The Board has remanded this case for scheduling a videoconference hearing due to the appellant's request.

The Veteran's service-connected lumbosacral strain does not prevent him from obtaining and maintaining substantially gainful employment.

The Board has determined that the Veteran's current lumbosacral spine disabilities, including spondylolisthesis and degenerative disc disease (DDD), are related to his service. As such, the claim for service connection is granted.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and arranging for a VA examination to determine the nature and likely etiology of his diagnosed sleep apnea.

The Veteran's low back strain was not manifested by forward flexion of the thoracolumbar spine less than 61 degrees; a combined range of motion of the thoracolumbar spine less than 121 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis prior to November 12, 2013. Therefore, a rating higher than 10 percent is not warranted.

The Board has determined that the Veteran's service-connected distal right fourth metacarpal fracture with mild angulation deformity residuals disability does not warrant a rating higher than 10 percent. The claims for hepatitis C and back disorder have been remanded due to insufficient evidence.

The Veteran's service-connected lumbosacral strain with degenerative disc and joint diseases is rated at 40 percent since November 25, 2009. The right anterior chest lesion (Ghon Complex) is currently rated at 20 percent effective September 27, 1991.

The Board has determined that the Veteran's lumbar spine disability, including osteoarthritis, degenerative disc disease (DDD), spinal stenosis, sacroiliac joint osteoarthritis, and Schmorl's node, is causally related to his active duty service.