Back / lumbar spine decisions — 2014

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service, nor is it secondary to a service-connected disability.

The Veteran's right shoulder disability, prior to July 1, 2010, was rated at 30 percent due to limitation of motion and pain. From September 1, 2011 onwards, the rating increased to 60 percent based on chronic residuals consisting of severe, painful motion or weakness.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected lumbar strain and hiatal hernia with reflux, as well as any additional treatment records. The rating assigned will be determined based on the findings from these examinations.

The Veteran's service-connected lumbar disc disease has not met the criteria for a higher rating prior to November 30, 2010.

The Veteran's claims for increased ratings for his low back and left knee disabilities are being remanded due to the need for additional VA examinations to assess current severity.

The Veteran's chronic lumbosacral strain with lumbar disc annular tear and protrusion was rated at 10 percent prior to June 10, 2009. From June 10, 2009, the rating was increased to 40 percent effective March 12, 2012.

The Veteran's appeal is being remanded for additional development, including obtaining VA and SSA records, as well as a new VA examination to assess his employability due to his service-connected disabilities.

The Board has determined that the appellant's low back pain with degenerative disc disease warrants a rating of 40 percent prior to May 15, 2012.

The Veteran's claim for service connection for degenerative disc disease of the spine is being remanded due to inadequate examination and incomplete medical records.

The Veteran is seeking service connection for a back condition, which he contends was caused by an in-service injury. The Board finds that a VA examination is needed to determine the nature and etiology of his current back disability.

The Board has decided the case is incomplete and needs further development, including obtaining private medical records from December 1990 and scheduling a VA examination to determine if the current low back disability is related to service.

The Veteran's low back disability is rated at 40 percent, effective February 24, 2012. The rating reflects the limitation of forward flexion to 30 degrees or less.

The Board has reopened the claims of service connection for a low back disability, bilateral hearing loss, and tinnitus. The claim for bilateral hearing loss is granted as there is evidence that relates to an unestablished fact necessary to substantiate the claim (onset during service) and raises a reasonable possibility of substantiating the claim. Service connection for bilateral hearing loss is also granted based on direct service connection. The claim for tinnitus is granted as the Veteran experienced symptoms since service, which he testified to in his April 2013 hearing.

The Board has determined that the Veteran's current back disability was incurred in active service and is granted service connection.

The Board has determined that the Veteran's low back strain is related to her active duty service and grants service connection for this condition. The issue of service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, remains pending as the claimant's diagnosis does not meet the criteria for PTSD under DSM-IV but instead diagnosed with major depressive disorder. Service connection for a cervical spine disability is also pending.

The Board found that the Veteran's current left knee patellofemoral syndrome and lumbosacral strain existed prior to service and were not aggravated therein. As a result, the claims for service connection for these conditions were denied.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and private medical records. The Veteran's claims for service connection for back disability and bilateral leg disability are pending.

The Board finds that the Veteran's current low back disability, including lumbar strain and arthritis, was incurred in service. The left knee disability is due to aggravation of a pre-existing injury during service.

The Veteran's claims for increased ratings for his lumbar spine intervertebral disc syndrome of the right deep peroneal nerve with degenerative joint disease and residuals of right knee sprain with chondromalacia were denied as there is no evidence of a service connection issue, only rating disputes.

The Board found that the Veteran does not have a currently diagnosed low back disability and denied service connection for this condition. The claim for an initial compensable evaluation for migraine headaches is pending.