Back / lumbar spine decisions — 2014

The Veteran's lumbar spine disability, including DDD at L4-5 and L5-S1, and IVDS, has resulted in over 6 weeks of incapacitating episodes during the past year. This meets the criteria for a 60 percent rating.

The Board found that the Veteran does not have a current low back disability and there is no evidence of an in-service injury or disease. As such, service connection for a low back disability was denied.

The Board found that the Veteran's lumbar spine disability, manifested by painful motion and limitation of flexion to at its worst 30 degrees with mild radiculopathy of the right lower extremity, did not meet or approximate criteria for a higher rating than 40 percent.

The Board finds that there is no competent and credible evidence linking the Veteran's current degenerative disc disease of the lumbar spine to her active service, including an alleged fall during active duty.

The Board denied the Veteran's claims for service connection of osteoarthritis, bilateral hypertrophic compound astigmatism, pulmonary tuberculosis, aortic sclerosis, osteoporosis and compression fracture of the thoracolumbar spine, and presbyopia, cataracts, pterygium, and age-related macular degeneration. The Board found that new and material evidence was not received to reopen any of these claims.

The Board has reopened the claims of service connection for cervical and lumbar spine disabilities, but further development is needed to determine if these conditions are related to a motor vehicle accident in July 1967 or if they were caused by a pre-existing left hip fracture.

The preponderance of competent and credible evidence does not support a finding that the Veteran's current neck disability was incurred in or aggravated by service, including an injury during active duty. The Board finds that the Veteran's current neck disabilities are more likely due to post-service factors.

The Board found that there is no evidence of a low back disorder in service and denied the Veteran's claim for service connection.

The Board has remanded the case for further development, including obtaining VA and private treatment records since August 2011 related to any low back disorder. The Veteran's claim of entitlement to service connection for a low back disorder will be reconsidered.

The Board has remanded the case to the AOJ for additional development, including a VA examination to determine if the Veteran's current lumbar spine disability is caused by or aggravated by his service-connected residuals of fractures of the left tibia and fibula and left leg length discrepancy.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and incomplete medical records.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The appeal is not ready for appellate review until this issue is resolved.

The Board has determined that the Veteran's left and right knee disorders, claimed as knee strains, were not incurred or aggravated by service. The claim for gouty arthritis causing joint pain involving hands/fingers, elbows, hips, ankle, and feet is also denied.

The Board has determined that the Veteran's service-connected traumatic arthritis of the lumbar spine does not meet or approximate the criteria for a rating in excess of 20 percent, and there is no separate rating for left lower extremity radiculopathy.

The Board found that the Veteran's back disability is related to her service and granted her claim for service connection.

The Veteran's low back disability was rated at 20 percent prior to January 30, 2014, and 40 percent thereafter. The Board denied the claim for an increased rating.

The Board finds that the Veteran's cervical and lumbar spine disabilities are not service-connected as they are not causally related to his active duty service.

The Veteran's claims for increased initial ratings for his service-connected back disability, bilateral foot disability, left shoulder disability, and eczema have been granted. The decision also addressed right lower extremity radiculopathy associated with the back disability.

The Veteran's TDIU claim is being remanded for additional development, including VA examinations and the acquisition of medical records.

The Board has determined that the Veteran does not have current disabilities of a left hand, left knee, or lower back condition. Therefore, service connection for these conditions is denied.