Back / lumbar spine decisions — 2014

The Veteran's nasal fracture has been rated at a 10 percent disability rating, effective from the date of the September 2010 VA examination. The back disability remains rated at 20 percent disabling.

The Board found that the Veteran's thoracolumbar spine strain with intervertebral disc disease has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees, but not meeting the criteria for a higher rating.

The Veteran's service-connected low back pain associated with mild degenerative changes is currently rated at 10 percent, but the evidence does not support a higher rating as his range of motion and muscle spasm do not meet the criteria for any higher evaluation.

The Board denied service connection for a low back disability, left ear hearing loss disability, right hip disability, and right knee condition. The claim for a compensable evaluation for fracture of the right tibia and fibula was also denied.

The Veteran's claim for service connection for degenerative joint disease (DJD) of the lumbar spine, which is secondary to his service-connected bilateral knee DJD, has been remanded due to inadequate rationale in the February 2012 VA examination opinion.

The Veteran's lumbar spine disability was granted a 40% rating effective November 30, 2010. His cervical spine disability received a 20% rating effective the same date. The radiculopathy of his lower extremities were each assigned initial noncompensable ratings from February 12, 2009.

The Board has determined that the Veteran's current diagnoses of osteoarthritis of the cervical spine, lumbar spinal stenosis, and lumbar foraminotomies are related to an injury he sustained during a period of INACDUTRA in March 1990. As such, service connection is granted.

The Board has remanded the claims due to incomplete development and requests an addendum opinion from a VA physician regarding whether the Veteran's current bilateral knee and/or lumbar spine disabilities are related to service or service-connected conditions.

The Board has determined that the Veteran does not have a current diagnosis of a chronic sleep disability and therefore, service connection for this condition is denied. The claim of entitlement to service connection for a back disability will be remanded as the VA examination provided did not consider the Veteran's lay assertions regarding his symptoms during active duty.

The Board denied the Veteran's claims for service connection for various psychiatric, sleep, back, neck, and skin disorders. The evidence did not show any such conditions during or within one year after his military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current low back disability is related to his service.

The Veteran's claims for service connection for residuals of congenital pectus excavatum, chest pain, sternum pain, rib pain, and lung and respiratory disorder have been denied. The Board found that the Veteran does not have a currently diagnosed disability manifested by these conditions due to disease or injury superimposed over his congenital defect of pectus excavatum during service.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, finding that there is no evidence of an in-service injury or disease and that his current condition is not causally related to active duty.

The Board has remanded the case due to additional development needed, including obtaining records related to a possible work-related injury in the 1980s and clarifying the opinions from the October 2013 examination.

The Veteran has been granted service connection for peripheral neuropathy of the bilateral lower extremities, which is considered a direct service connection as there was no presumption or secondary condition involved.,There is insufficient evidence to establish a current diagnosis of migraine headaches. The Veteran's claims for arthritis in the joints other than the lumbar spine and left knee have also been denied.

The Board has remanded the case due to an inadequate VA examination and a need for further medical opinion regarding the etiology of the Veteran's low back disorder.

The Veteran's claim for an earlier effective date for dependency allowance for a spouse is denied as the earliest possible effective date is November 1, 2010.

The Veteran's combined disability rating is at least 70 percent, with one disability rated as 40 percent disabling. The schedular percentage requirements for TDIU are met.

The Board has granted service connection for degenerative arthritis of the lumbar spine with radiculopathy and cervical spine disorder, finding that these conditions are related to the Veteran's period of active duty. Service connection for bilateral shoulder disorder is denied as there is no evidence linking the current condition to his military service.

The Board has determined that the Veteran's current tinnitus, low back disability, and numbness of the bilateral legs are related to his active military service.