Back / lumbar spine decisions — 2014

The Veteran's claims for earlier effective dates for increased ratings were denied as the evidence did not show entitlement to higher ratings within a year of the date of claim.,An effective date earlier than June 15, 2007 was denied for the 20 percent rating for residuals of a fracture of the left tibia due to lack of medical records in the year prior to the claim.

The Veteran's initial compensable rating for bilateral hearing loss is denied. The claim for higher initial ratings for headaches and degenerative disc disease, thoracolumbar spine remains before the Board.

The Veteran's appeal is being remanded to obtain additional medical examinations and records, as well as to verify the Veteran's current address. The issues of service connection for a back disability, right knee condition, and bilateral foot condition are pending.

The Board has determined that the Veteran's low back strain is proximately due to his service-connected right knee disability, and therefore grants service connection for this condition. The issue of service connection for a neck disability remains pending.

The Board denied service connection for PTSD, bilateral hearing loss, osteoarthritis of the elbows, thoracolumbar spine disorder, right knee condition, and left knee disorder. The decision found no evidence of a current disability related to these conditions that was incurred or aggravated by military service.

The Board found that the Veteran's current low back disability is not caused or aggravated by his service-connected arthritis of the left ankle and denied the claim.

The Board has remanded the case for further development, including obtaining SSA and Workers' Compensation records related to the Veteran's lumbar spine and bilateral hip disorders.

The Board has remanded the Veteran's claims for additional development, including obtaining an opinion on whether his lumbar spine disability is aggravated by his service-connected bilateral pes planus and if his sleep problems are aggravated by his low back disability.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and a medical opinion.

The Board found that the Veteran's current DDD of the lumbar spine is not related to his active service, and thus denied direct service connection. The issue of secondary service connection for DDD as related to a service-connected disability (hallux valgus) was remanded.

The Board has remanded the Veteran's claims for additional development due to his failure to report for VA examinations. The case is now pending and will be reviewed again after the examinations are completed.

The Veteran's low back disorder is manifested by pain and limited range of motion with flare-ups, during which he walks in a stooped fashion. The Board finds that the criteria for a 40 percent rating are more nearly approximated.

The Board has determined that the Veteran does not have a current back disorder that is related to his service, and thus denied his claim for service connection.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 20 percent, effective April 9, 2007. The rating was increased to reflect his current disability level as determined by a May 2012 VA examination.

The Board has determined that the Veteran's right lower extremity radiculopathy is related to his service-connected lumbar spine disability, and thus grants service connection for this condition.

The Board finds that the evidence is in relative equipoise and therefore gives the benefit of the doubt to the Veteran, finding that his low back disorder as likely as not had its onset during, or is related to, his active military service. Service connection for a low back disability with radiculopathy is granted.

The Board has granted service connection for the Veteran's degenerative changes of the lumbar spine with radiculopathy, finding that it is at least as likely as not due to an injury sustained during his period of active service.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that any current low back disability was not shown in service or for many years thereafter and is not related to service.

The Veteran's obstructive sleep apnea was incurred in service, and she is granted service connection for this condition. However, there is no evidence of a current lumbosacral spine disorder that can be linked to her active duty service.

The reduction from a 30 percent to a 20 percent rating for lumbar spine degenerative joint disease was upheld, as the improvement in symptoms and function justified the change.