Back / lumbar spine decisions — 2014

The Veteran has withdrawn his appeals for the issues of service connection for DJD of the right shoulder acromioclavicular joint and lumbar strain with DDD.

The Board finds that the appellant's preexisting low back disability was not aggravated by his active duty for training (ACDUTRA) service, and therefore, service connection is denied.

The Board found that the Veteran's lumbar spine disorder did not manifest to a compensable degree within one year of service separation and was not otherwise etiologically related to service. The current lumbar spine disorders were neither caused nor aggravated by his service-connected right leg disability.

The Board has granted service connection for the Veteran's cervical spine disorder, skin disorder, and facet arthropathy of the lumbosacral spine. The initial ratings assigned are 10 percent for each condition. The Board denied service connection for obstructive sleep apnea (OSA), septal deviation, status-post nasal fracture, and a scar on the left fourth finger.

The Board has granted service connection for various conditions, but did not assign a specific rating or effective date as the appeal is still pending.

The Board has remanded the case for additional development, including obtaining post-September 2007 treatment records and scheduling a VA examination to determine the etiology of any found low back disorder.

The Veteran's lumbar spine disability is rated at 20 percent since April 9, 2013. The AMC also granted TDIU based on service-connected disabilities.

The Board found that the Veteran's low back and neck disorders are not related to his military service, as there is no evidence of such conditions during or immediately after his service. The VA examinations concluded that these conditions are due to natural aging processes.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to August 15, 2000. The RO granted a TDIU effective from August 15, 2000, based on his combined disability rating of 70 percent.

The Veteran's degenerative joint disease of the lumbar spine is rated at 10 percent prior to December 19, 2011 and remains at 10 percent thereafter. The disability does not meet or approximate criteria for a higher rating based on limitation of motion.

The Board has decided that the Veteran's claims for service connection are not resolved and requires further examination to determine if his current disabilities had their clinical onset during active service or are related to any in-service disease, event, or injury.

The Veteran's degenerative disc disease of the lumbar spine status post laminectomy L4-5 has been manifested by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spine contour such as scoliosis. The evidence does not show objective neurologic abnormalities or incapacitating episodes, warranting a rating higher than 20 percent.

The Board has reopened the Veteran's claim for service connection for a low back condition and cervical spine condition. However, due to new evidence submitted by the Veteran, including recent MRI results, further development is needed to determine if these conditions are related to his military service.

The Board has dismissed all the issues on appeal due to the death of the appellant.

The Veteran's claims for service connection for bilateral hip disability and back disability are being remanded due to inadequate examination, incomplete service treatment records, and the need for additional efforts to obtain these records.

The Board has determined that the Veteran's left knee disability, low back disability, and cervical spine disability are all service-connected.

The Veteran's claim for service connection for a back disorder is denied as there is no evidence of a current disability during the appeal period.

The Veteran's low back disability, diagnosed as lumbar spine spondylosis, was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination reports and outpatient records. The issues of increased ratings for depressive disorder, lumbosacral strain, and maxillary sinusitis are pending.

The Board found that the Veteran's service-connected lumbar radiculopathy of the left lower extremity warranted a 20 percent rating from April 11, 2013, but not higher. The earlier periods were denied as the disability did not meet criteria for an increased evaluation.