Back / lumbar spine decisions — 2014

The Board has granted service connection for cervical spine degenerative disc disease and found that the Veteran's current condition is related to his active service. The right shoulder disability claim resulted in a 20 percent rating, but no higher.

The Veteran's appeal is remanded for additional development, including an examination to determine the nature and severity of his low back disability. The claim will be readjudicated based on the updated evidence.

The Board has determined that the Veteran's lumbar spine disability, including arthritis and DDD, is service-connected due to inservice trauma. The skin disability claim was not addressed as it did not meet the criteria for service connection.

The Board granted increased ratings for lumbar strain, myositis, and disc narrowing (20 percent), right lower extremity pain and neurologic deficits (10 percent each), left lower extremity pain and neurologic deficits (10 percent each). The TDIU claim is addressed in the REMAND portion.

The Veteran's low back disorder is manifested by forward flexion of the thoracolumbar spine at worst to 10 degrees with partial ankylosis. The Board finds that a 40 percent rating has been approximated for the entire appellate period.

The Veteran's appeals for service connection for left ear hearing loss and an initial compensable rating for right ear hearing loss have been withdrawn. The remaining issues of entitlement to higher ratings for PTSD and the lumbar spine disability are addressed in the REMAND portion of this decision.

Service connection for thoracic spine degenerative disc disease was granted, effective January 26, 2009. The Veteran's bilateral carpal tunnel syndrome and cervical spine degenerative disc disease were not service connected.

The Veteran's claim for an earlier effective date and higher initial rating for lumbar strain with degenerative disc disease was denied. The RO granted service connection in March 2009, assigning a 20% disability rating effective December 18, 2006.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his service-connected disabilities, including lumbosacral osteal degenerative disease (lumbar spine disability), tinea versicolor, left foot plantar fasciitis, right foot plantar fasciitis, bilateral elbow epicondylitis, pseudofolliculitis barbae (PFB), and bilateral pes planus.

The Board has remanded the case for additional development, including obtaining an opinion from a clinician regarding whether the Veteran's low back disability is secondary to his service-connected right femur stress fracture and if so, what impact it has on his employability and daily activities.

The Veteran is seeking an earlier effective date for the grant of service connection for degenerative disc disease of the low back, and also wishes to reopen his claim based on new evidence. The case must be remanded to obtain additional VA treatment records and review the issue of whether there was CUE in a previous rating decision.

The Veteran's lumbosacral spine disability is found to have been incurred during active duty service. The right and left knee disabilities are not addressed in the decision summary as they were remanded.

The Board has determined that the Veteran's current back disability is not causally or etiologically related to his period of active service.

The Board has determined that a remand is necessary to obtain additional information regarding the Veteran's low back strain and TDIU claims, including through a VA examination. The Veteran may have additional functional loss due to pain or other symptoms during range of motion testing.

The Board has reopened the Veteran's claim of service connection for a low back disability and finds that new and material evidence has been received to support this claim. The Board also finds that service connection is warranted as the current low back disability is related to an injury in service.

The Board has reopened the Veteran's claim for service connection for chronic low back syndrome, but denied the claims on the merits. The VA examiner opined that the current low back condition is not caused by or a result of any in-service back injuries.

The Veteran's claim for an earlier effective date for service connection of a residual scar, status post lumbar spine discectomy was denied as there was no prior claim filed before May 20, 2009.

The Veteran's service-connected lumbar spine disability is evaluated at a 20 percent rating, which does not meet the criteria for an increased evaluation.

The Board denied the Veteran's claims for increased ratings for his lumbar strain, finding that a rating in excess of 40 percent was not warranted prior to June 21, 2012 and as of June 21, 2012.

The Board has remanded the case for additional development, including obtaining medical records and conducting VA examinations to determine if the Veteran's psychiatric disorder and lumbar spine disorder are related to his military service.