Back / lumbar spine decisions — 2014

The Board has granted a 20 percent evaluation for the Veteran's lumbar spine disability, effective June 12, 2006. The issue of lumbar radiculopathy is no longer before the Board as it is considered part and parcel of the service-connected lumbar spine disability.

The Board has granted service connection for a low back disability, finding that the evidence supports a direct relationship to service.

The Board found that the Veteran's current back disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein.

The Veteran's lumbar spine disability has been rated at 40 percent since December 7, 2004. The Board finds that the evidence does not support a higher evaluation.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's low back disability was aggravated by his period of active duty training (ACDUTRA) from October 2000 to September 2004. The claim will be returned to the AOJ.

The Board found no evidence of chronic residuals of a fall manifesting in service and concluded that the Veteran's current conditions are not related to her in-service fall. Service connection for residuals of a fall is denied.

The Board has reopened the claim of service connection for thoracic spine arthritis and granted it, finding that the Veteran's current back disorder is secondary to his service-connected bilateral knee disability.

The Board has reopened the claim for service connection for low back disability and finds that new and material evidence was received. However, the Veteran's current low back disability is not related to his military service.

The Board denied the Veteran's claims for higher ratings for his cervical and lumbar spine disorders, as well as his claim for a total disability rating based on individual unemployability (TDIU). The appeals were all denied.

The Board has determined that the Veteran's low back disability is related to service and is part of the same disease process as his service-connected chronic mechanical low back pain, thus granting service connection.

The Veteran's cervical spine degenerative disc disease is not productive of forward flexion less than 15 degrees, or combined range of motion less than 170 degrees, and no incapacitating episodes. ,Prior to April 21, 2014, the Veteran's thoracic spine disability was not productive of forward flexion of the thoracolumbar spine to 30 degrees or less, with favorable ankylosis of the entire thoracolumbar spine, or any incapacitating episodes.

Service connection has been granted for an acquired psychiatric disorder related to service-connected lumbar spine disability.,No new evidence was provided for the increased rating of pseudofolliculitis, so the current rating remains in effect.,The Veteran's lumbar spine disability is now rated at 40%, effective January 3, 2012.,Right and left lower extremity radiculopathy have been granted increased ratings to 20% each.,No new evidence was provided for the TDIU claim, so it remains pending.,The effective date for the 40 percent rating of lumbar spine disability is January 3, 2012.

The Board has reopened the claims for service connection of right shoulder and thoracolumbar spine disorders, but did not specify an effective date as these matters are still pending.

The Board has granted service connection for a neck disability and a back disability, but denied service connection for right ear hearing loss.

The Board has granted service connection for anxiety/adjustment disorder and assigned an initial 50 percent rating, effective from the date of claim. The other issues remain pending.

The Veteran's traumatic arthritis of the lumbar spine with herniated nucleus pulpous and status post lumbar laminectomy with spinal fusion is rated at 40 percent, effective from the date of the claim for an increase.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining outstanding VA treatment records and scheduling him for examinations to assess the severity of his service-connected disabilities.

The Board has determined that the appellant's current cervical spine arthritis, lumbar spine arthritis and left hip arthritis are likely related to his ACDUTRA service. The claim for service connection is granted.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including service connection for myositis of the right pectoralis major, shin splints, and gastroenteritis.

The Veteran's appeal is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his ability to work, and for updated treatment records.