Back / lumbar spine decisions — 2014

The Board found that the Veteran does not have a current disability for any of his claimed conditions and thus denied service connection for neck/cervical spine disorder, low back disorder, and COPD.

The Veteran's degenerative disc disease and arthritis of the thoracolumbar spine are currently rated at 20 percent, which is higher than the initial 10 percent rating granted in November 2009. The current evaluation considers forward flexion between 60 and 30 degrees, but does not approximate unfavorable ankylosis.

The Veteran's service-connected low back strain with degenerative disc disease and herniated nucleus pulposus at L5-S1 has been manifested by limitation of flexion to 30 degrees or more, without additional functional impairment, incapacitating episodes, or ankylosis. The current rating schedule criteria are adequate for the disability.

The Veteran's service-connected lumbar spondylosis and mechanical back pain of the lumbar spine was not productive of unfavorable ankylosis, incapacitating episodes, or bowel or bladder impairment during the appellate period beginning on April 27, 2007. As a result, he is not entitled to a higher initial rating for this condition.

The Board has denied the Veteran's claims for service connection for a low back disability and ulcer disease, finding that there is no evidence to support these claims.

The Board has determined that the Veteran's back disability, right shoulder disability, and tinnitus are related to his military service. The evidence supports a finding of in-service injury or exposure for each condition.

The Board found that the Veteran's current low back disorder, including degenerative arthritis and chronic lumbar strain, was not related to her service or any aspect of it. The evidence did not support a finding that her current condition was caused by her service-connected pelvic inflammatory disease.

The Board denied service connection for a low back disability and left knee disability, finding no evidence of current disabilities or in-service events, injuries, or diseases. Service connection was granted for a left lower extremity neurological disability (left thigh paresthesia).,There is currently no evidence of a current left knee disability.

The Board has determined that the Veteran's claimed lumbar strain with degenerative disc disease and right knee disability are not service-connected as they are not shown to be causally or etiologically related to any disease, injury, or incident in service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, as well as clarification of her employment status.

The Board has remanded the case for additional development, including obtaining VA medical records and service personnel records.

The Board found that the Veteran's cervical spine, lumbar spine, and bilateral knee disabilities were not incurred or aggravated by service. The claim was denied as there is no evidence of a chronic condition in service or within one year post-service for arthritis conditions.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected bilateral hearing loss and lumbar spine disability.

The Veteran's claims for higher evaluations for his service-connected low back disability and right ring finger fracture, as well as his claim for a TDIU based on these conditions, were denied by the RO. The Board is remanding the case to obtain updated VA examinations and consider the individual unemployability claim.

The Veteran's claims for various conditions were denied as they are not related to service or service-connected disabilities.

The Board found that the Veteran's low back disability is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's current lower back disability, including degenerative disc disease and spondylolisthesis of the lumbar spine, was incurred during his active service.

The Veteran's low back disorder is rated at 40 percent, the highest available rating for a lumbar spine disability. The other issues are either granted or referred to the AOJ.

The Board found that the Veteran's low back disability and migraine headaches are not service-connected, as there is no evidence of a current diagnosis or in-service injury. The Veteran's migraines do not meet the criteria for a higher initial rating under DC 8100.

The Board found that the evidence does not substantiate a finding that the current hip and low back disabilities were incurred in or aggravated by service, or that arthritis of the hips manifested to a compensable degree within a year of the Veteran's discharge from active service.