Back / lumbar spine decisions — 2014

The Veteran's low back disability is manifested by subjective complaints of back pain, limitation of motion, fatigue with manual labor, and pain with walking or sitting for more than 30 minutes. The evidence does not support a higher rating based on forward flexion or the combined range of motion of the thoracolumbar spine, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, occasional incapacitating episodes of intervertebral disc syndrome, or associated objective neurologic abnormalities.

The Veteran's appeal is being remanded for additional development, including the scheduling of a new VA examination to determine the current level of severity of his increased rating claims on appeal.

The Board has reopened the claim for service connection for a back disability, but denied it on the merits.,The Board also denied the claim for service connection for bilateral hearing loss disability.

The Board denied service connection for a right leg disorder and a low back disorder, finding that the Veteran does not currently have these conditions and there is no evidence linking them to his military service.

The Veteran's bilateral hip arthritis, degenerative lumbar disc disease, and right foot spur have been granted service connection. The Board finds that these conditions are the result of a disease or injury incurred in active military service.

The Board has determined that the Veteran's right and left knee osteoarthritis, as well as his degenerative disc disease of the lumbar spine, are all related to service.

The Veteran's claim for ratings in excess of 10 percent for lumbar strain prior to October 28, 2013, and in excess of 20 percent from that date is denied. The current rating of 20 percent reflects the limitation of motion with no additional limitations after repetitive use.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's back disability has been granted service connection and assigned a 10 percent initial disability rating, effective January 31, 2005. The Veteran is also in receipt of separate 10 percent ratings for sensory deficit of the external cutaneous nerve or left thigh and for sensory deficit of the right extremity associated with the service-connected back disability.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of the case.

The Board has granted a higher rating of 70 percent for PTSD, finding that the Veteran's symptoms more nearly approximate occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining missing service treatment records and conducting VA examinations.

The Board finds that the disability attributable to diabetic neuropathy of the bilateral lower extremities for rating purposes includes polyradiculopathy involving the left thoracic and entire lumbar and S1 roots, resolving all doubt in favor of the Veteran.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative joint disease of the lumbar spine with intervertebral disc syndrome is dismissed as a matter of law.

The Veteran's appeal is being remanded due to the need for additional development, including new VA examinations and obtaining outstanding treatment records. The issues on appeal are whether he should receive a higher rating for his meningitis with migraine headaches and whether he has a back disability related to service.

The Board has remanded the case due to insufficient medical evidence linking the Veteran's low back disorder to his service-connected knee disabilities. A supplemental opinion is needed regarding whether the Veteran's low back condition was aggravated by his right and/or left knee disabilities.

The Board has granted service connection for a low back disorder, bilateral hearing loss, and tinnitus. The issue of entitlement to nonservice-connected pension remains pending as the Veteran's skin disorder claim is still outstanding.

The Veteran's service-connected lumbosacral disc disease with bulging discs and foraminal stenosis is rated at 40 percent prior to June 3, 2010, which meets the criteria for a higher rating.

The Veteran's claims for service connection and increased ratings were denied. The Board found no residuals of left great toenail removal, no compensable rating for the scar on the wrist, and no rating in excess of 10 percent for right thumb injury.

The Veteran's appeal seeking an earlier effective date for the award of service connection for sleep apnea has been withdrawn. The case is being remanded to consider his claim for a higher rating for lumbar spine degenerative disc disease.