Back / lumbar spine decisions — 2014

The Veteran's claim for an initial rating in excess of 10 percent for his lumbar spondylosis and L5 par defects prior to January 1, 2014, and in excess of 0 percent from January 1, 2014 was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's VR&E program was discontinued due to unsatisfactory conduct and cooperation, as evidenced by his failure to provide requested information and participation in informational interviews. No mitigating circumstances were found.

The Veteran's low back condition is not service-connected as it pre-existed service and was not aggravated by service. The Veteran's right shoulder disability, which he incurred in service, has been granted service connection.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine with bilateral radiculopathy is being remanded due to the need for additional medical opinions regarding aggravation during service and verification of dates of service.

The Veteran's service connection claims for bilateral ear infections, bilateral flat feet, left knee disorder, right knee disorder, left hip disorder, right hip disorder, low back disorder, and arthritis of the lower extremities were denied as secondary to his pre-existing pes planus. The Board found that there was no evidence of aggravation during service or post-service, and thus service connection could not be established on a secondary basis.

The Veteran's appeal is being remanded for further development and consideration of his claims, including the submission of additional evidence.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, internal derangement of the left knee, and internal derangement of the right knee were denied in a February 2003 rating decision. The effective date assigned was September 30, 2009.,The Veteran filed an informal claim to reopen his service connection claims for back and left knee conditions on September 30, 2009. He argued that he should have been granted service connection earlier in November 2005 when he called the Hawaii ROJ.,The Board found that there was no evidence of a prior claim filed before September 30, 2009 and denied the Veteran's request for an effective date earlier than September 30, 2009.

The Board denied the Veteran's claim of entitlement to service connection for a low back disability in March 2010. The decision is final and cannot be revised on grounds of clear and unmistakable error.

The Veteran's claim for an increased rating for his degenerative disc disease of the lumbar spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has granted an initial 20 percent rating for degenerative disc disease of the lumbar spine since May 30, 2011. The Veteran's right knee disability is rated at 10 percent and his bilateral pes planus is rated as noncompensable.

The Veteran's service-connected low back disability was not shown to meet the criteria for a rating in excess of 10 percent, as his forward flexion and combined range of motion did not meet the required standards. The claim for COPD due to paint exposure is pending.

The Veteran's current cervical spine, lumbar spine, and bilateral carpal tunnel syndrome disabilities did not have onset in service or within one year of service.,There is no evidence that the Veteran's left A-C joint disorder had its onset during service. The Board finds that these conditions are not related to his military service.

The Board found that the Veteran's back disorder was not incurred in or aggravated by his active duty military service and may not be presumed to have been incurred in service.

The Veteran's right hand scar, status post cyst removal, is currently rated at 10 percent and does not warrant a higher evaluation.,Prior to December 31, 2012, the Veteran's lumbar osteoarthritis and degenerative disc disease was rated at 10 percent. Effective from December 31, 2012, it is rated at 20 percent.,Effective from December 31, 2012, the Veteran's lumbar osteoarthritis and degenerative disc disease with IVDS warrants a 20 percent evaluation.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain medical records regarding surgical procedures performed on his cervical and lumbar spine.

The Board has remanded the case for additional development, including a supplemental medical opinion and consideration of new evidence. The Veteran's claim is not yet decided.

The Veteran's appeal is being remanded for additional development to assess his employability due to service-connected disabilities, including PTSD and hearing loss.

The Board found no evidence of a service connection for cervical and lumbar spine disabilities, concluding that the current conditions are not related to any in-service injury or disease.

The appeal has been dismissed as the appellant withdrew their claims prior to a decision being made.

The Veteran's back disability, characterized by pain and limited range of motion, is currently rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. This rating reflects the severity of his condition as it affects his ability to walk short distances with a cane.