Back / lumbar spine decisions — 2014

The Board has determined that service connection is not warranted for any of the claimed conditions.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a cervical spine disability, back disability, kidney disability, and hypertension. The Board finds that these conditions are at least as likely as not related to active duty service or to pre-existing disabilities.

The Board has denied the Veteran's claims for service connection of a low back disorder and bilateral knee disorder, finding no new and material evidence to reopen these claims. The claim for increased evaluation of left ankle fracture with degenerative arthritis is granted at 30 percent.

The Board found that the Veteran does not have a back disability due to his service or any service-connected condition, and thus denied his claim for service connection.

The Veteran's service-connected low back disability is currently rated at 20 percent, and the evidence does not show any additional functional loss or impairment warranting a higher rating.

The Veteran's appeal is remanded for further development, including obtaining updated treatment records and a VA examination to assess the current severity of his service-connected lumbosacral strain and any right leg disability.

The Board has granted the reopening of claims for service connection for an acquired psychiatric disorder, low back condition, and headaches (also claimed as dizziness, vertigo, and labyrinthitis). The termination of separate evaluations for arthritis of the right shoulder and torn rotator cuff was found to be improper.

The Veteran's appeal is being remanded for additional development to obtain updated medical records and examinations, as well as to ensure that the examination reports comply with instructions.

The Veteran's appeal is being remanded for additional development, including an updated VA examination and issuance of a statement of the case regarding effective date claims.

The Veteran's lumbar strain disability was reduced from 40 percent to 10 percent effective November 1, 2010 due to improvement in his range of motion. The reduction was proper as the evidence demonstrated an improvement in the condition.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted it, finding that there is sufficient evidence to establish service connection based on an in-service injury.

The Board has remanded the case for further development to verify the appellant's service dates and duty status, particularly during the claimed injury in August 1989. The appellant will be scheduled for a VA examination if his service in August 1989 was federalized.

The Board has denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support his contention that he incurred or aggravated this condition during military service.

The Board has remanded the case for development. The claim for service connection for a right ankle disability is denied.

The Veteran's claims for higher initial ratings for his service-connected lumbosacral spine disability, right knee patellofemoral pain syndrome, and right ankle strain have been denied. The Board found that the evidence did not support assigning an initial rating greater than 10 percent for any of these conditions.

The Veteran's degenerative joint disease of the lumbar spine has not resulted in limitation of forward flexion to 60 degrees or less, nor a combined range of motion below 120 degrees. Therefore, his claim for an increased rating is denied.

The Veteran's mechanical low back pain and lumbar radiculopathy have been rated at the highest available rating of 20 percent, reflecting their severity.

The Board has remanded the case for further consideration due to outstanding medical records from the Philadelphia Naval Hospital. The appellant's claims for service connection are pending and will be reconsidered based on all available evidence.

The Veteran's lumbar spine arthritis is currently rated at 20 percent from April 30, 2008 to July 23, 2013 and 40 percent since July 24, 2013. The Board found no basis for a higher rating during this period.

The Board has determined that the Veteran's lumbar spine and right hip disabilities are at least as likely as not related to service, resolving all reasonable doubt in his favor. The appeal for a right leg disability is remanded.