Back / lumbar spine decisions — 2014

The Veteran's initial ratings for chronic low back pain with spondylolisthesis of L5 and intermittent sciatica were increased to 40 percent effective June 20, 2013. The Veteran's initial rating for migraine headaches was not increased.

The Board has determined that the Veteran's current low back disorder is not related to her active duty service and therefore denied her claim for service connection.

The Veteran's appeal is currently pending and requires further action, including scheduling a hearing before the Board at the RO in Huntington, West Virginia.

The Veteran's right hip disorder, low back pain, leg length discrepancy, and altered gait are not considered to be caused by VA care. The Board found that the additional disability was not proximately due to or the result of VA care.

The Board has determined that the Veteran's low back strain and post-operative left inguinal hernia are related to his service, with the left inguinal hernia occurring during a period of ACDUTRA. The Board also finds that the Veteran's degenerative disc disease with radiculopathy is at least as likely as not aggravated by service.

The Veteran's claims for increased initial disability ratings have been denied. The RO/AMC has reviewed the evidence and determined that no new or material evidence has been received to reopen any previously denied service connection claims.

The Board has granted service connection for a neck disorder secondary to the Veteran's service-connected left shoulder disability and denied service connection for a back condition. The rating for the service-connected left shoulder disability remains at 40%.

The Veteran's claim for service connection of a left cheek scar is granted. The Board finds that the evidence supports the existence of a current disability and its etiology to in-service injury.

The Veteran seeks service connection for low back disability, left and right lower extremity radiculopathy. The case is being remanded due to the need for additional development of her claims.

The Veteran's claim for an earlier effective date for a 40 percent rating for his lumbar spine condition was denied as the criteria for establishing such an effective date have not been met.

The Veteran's appeal is being remanded for additional development, including new VA examinations and retrieval of relevant medical records.

The Veteran's migraines are currently rated as noncompensable, and her degenerative disc disease of the lumbar spine is currently rated at 20 percent disabling. The Board finds that a new VA examination is necessary to address the current severity of her service-connected conditions.

The Veteran's appeal is being remanded for a new VA examination and opinion to determine the severity of his service-connected lumbar spine disability, including any related radiculopathy. The examiner should also assess the impact of the Veteran's diminished reflexes and muscle strength on his ability to work or maintain his home.

The Veteran's low back disability, characterized by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and combined range of motion greater than 120 degrees but not greater than 235 degrees, does not meet the criteria for a higher rating. The current 10 percent rating remains appropriate.

The Board denied the Veteran's claims for increased ratings for his left knee instability, right knee degenerative joint disease, and right hip degenerative joint disease. The claim to reopen a service connection claim for lumbosacral spine disability was also denied.

The Veteran's lumbar spondylosis has not demonstrated incapacitating episodes of intervertebral disc disease, and there is no evidence of ankylosis or associated neurological disabilities. Therefore, the claim for a higher rating for his service-connected lumbar spondylosis is denied.

The Board has granted the Veteran's claim to reopen his service connection for bilateral lower extremity varicose veins and has determined that the disability was aggravated during service. The case is also remanded for a VA spine examination to assess the current severity of the Veteran's low back strain with degenerative disc disease.

The Veteran's claims for service connection for low back and neck disabilities, as well as residuals of a head injury, are being remanded due to the need for additional development including obtaining VA treatment records.

The Board found that the Veteran's lumbar spine disorder is not related to his military service and denied his claim for service connection.

The Board denied the Veteran's claims for service connection for low back and bilateral knee disabilities, finding that there was no evidence of onset during active service or a relationship to service.