Back / lumbar spine decisions — 2014

The Veteran's neck disability was not incurred in or aggravated by service and is not proximately due to a service-connected condition.,For the period prior to December 7, 2006, the Veteran's thoracolumbar spine disability resulted in forward flexion of 45 degrees at worst. For the period from December 7, 2006 through April 23, 2007, the Veteran's thoracolumbar spine disability resulted in forward flexion of 30 degrees with repetitive motion testing.

The Board has remanded the case to the AOJ due to errors in the previous decision and the need for further development, including obtaining an etiological opinion regarding the Veteran's low back disability.

The Veteran's lumbar spine disability was rated at 20 percent prior to August 13, 2014, and remains at that level from that time onward. The current rating is appropriate as there is no evidence of ankylosis or incapacitating episodes.

The Board finds that the Veteran's preexisting cervical and lumbar spine disorders did not worsen during his period of active duty for training (ACDUTRA) from February to March 1995. Therefore, service connection is denied.

The Board has determined that the Veteran's current lumbar spine disability is not related to his active military service and therefore denied service connection for this condition. The gastrointestinal disability claim was also denied as there is no evidence of a diagnosed condition.

The Veteran's lumbar spine and right knee disabilities were not rated higher than 20 percent prior to the specified dates, as there was no evidence of unfavorable ankylosis or severe recurrent subluxation/lateral instability.

The Veteran's appeal is being remanded due to his failure to report for scheduled VA examinations. The case will be readjudicated after scheduling new examinations.

The Veteran's appeal involves multiple service connection claims for various disabilities, including hearing loss, tinnitus, and injuries to the right arm, legs, knees, and feet. The case is being remanded for additional development, including obtaining medical opinions regarding these claims.

The Veteran is granted a 10% rating for left ankle strain from March 19, 2009 to March 13, 2014. The Board finds service connection for lumbar degenerative disc disease is warranted as the evidence supports that it was incurred during active duty.

The Veteran's claim for an effective date prior to April 30, 2010 for the grant of service connection for lumbar spine degenerative osteoarthritis and disc disease was denied. The Board found that the initial denial in 1996 did not contain CUE.

The Board has determined that the Veteran's current cervical and thoracolumbar spine strain disabilities are due to his active service in Iraq, and thus grants service connection for these conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for a VA examination of his low back disability. The issues include seeking higher initial ratings for his service-connected low back disability, as well as determining if he is unemployable due to his disabilities.

The Veteran's back disability has been rated at 20 percent since May 23, 2008 and at 40 percent since February 5, 2014. The left lower extremity nerve disability is currently rated at 20 percent.

The Veteran's back disability, characterized as lumbar DDD, has been rated at 10 percent since May 2009. The Board found that the evidence did not support a higher rating due to limitations in range of motion and pain, which are already considered in the current evaluation.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, as there is no competent evidence showing a link between his in-service experiences and any of the conditions he claims. The preponderance of the evidence is against all of the issues on appeal.

The Board has remanded the case for additional development, including an orthopedic examination and consideration of whether a higher rating is warranted on an extraschedular basis.

The Board has determined that the Veteran's lumbar spine disability is not related to his service-connected disabilities of the lower extremities, and therefore denied the claim for service connection.

The Veteran's tinnitus, lumbosacral strain, right elbow condition, and right great toe disability are all rated at the maximum allowable under VA regulations. The right quadriceps injury is also rated at the maximum allowable under VA regulations.

The Veteran's lumbosacral spine disability has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees and combined range of motion of the thoracolumbar spine not greater than 120 degrees, which does not meet the criteria for a higher rating under VA's Schedule for Rating Disabilities.

The Board has determined that service connection is warranted for traumatic arthritis, status post bilateral shoulder hemiarthroplasty; and multilevel degenerative disk disease of the lumbar spine.,The Veteran's current right ear hearing loss disability was incurred during his military service.