Back / lumbar spine decisions — 2014

The Veteran's degenerative arthritis and spondylosis, lumbar spine did not meet the criteria for a higher than 20 percent rating due to limitations in forward flexion of the thoracolumbar spine.,For anxiety disorder (NOS), the evidence did not demonstrate occupational and social impairment with reduced reliability and productivity as required for a 50% rating.

The Veteran's current back and bilateral foot disabilities were not incurred or aggravated in service, and the Board finds no evidence of a nexus between these conditions and his military service.

The Veteran's appeal includes multiple issues related to various disabilities, including hearing loss, elbow and knee conditions, spine disorders, foot problems, and a scar. The case is being remanded for further action.

The Board has determined that the Veteran's service connection claim for disc disease of the lumbosacral spine is granted as it was incurred in service.

The Board has reviewed the Veteran's claims for increased ratings and service connection, but due to mixed results on some issues, a clear disposition could not be determined.

The Board has reopened the claims for service connection for left knee, right knee, and back disabilities. Further development is needed to determine their current severity and whether they are related to service.

The Board has determined that the Veteran's current diagnosis of hypertension is related to his service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities, including cervical spine strain and compression fracture of the lumbar spine, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his lumbosacral strain and determine if he has a urological disorder related to service or his service-connected condition.

The Veteran's cervical spine disability is currently rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. The separate evaluation for radiculopathy of the right upper extremity warrants no more than a 20 percent rating.

The Board has remanded the case to the RO in San Juan, Puerto Rico for scheduling a Travel Board hearing regarding the Veteran's effective date claim. The Veteran was not scheduled for the requested hearing.

The Board found that the Veteran's current low back disability did not have its onset in service and is not otherwise related to his period of active duty, including the in-service motor vehicle accident. As such, service connection for a low back disability was denied.

The Board has determined that the Veteran's low back disability and anxiety disorder are related to his service, while his major depressive disorder and PTSD do not have a direct link to service.

The Board has remanded the case for further development, including obtaining additional VA treatment records and scheduling a VA examination to assess the Veteran's back disorder and its impact on his employment.

The Veteran's thoracolumbar strain with thoracic facet syndrome is currently rated at 20 percent, but the evidence shows that his forward flexion of the thoracolumbar spine has been to no less than 10 degrees since the grant of service connection. Therefore, a higher rating of 40 percent is granted.

The Board has determined that additional development is needed before the issue of service connection for a low back disability can be adjudicated.

The Board has ordered a remand to obtain an adequate VA examination regarding the Veteran's lower back claim, specifically whether his current lower back disorder is directly related to his military service.

The Board has remanded the case for additional development, including obtaining service treatment records and medical opinions to address the Veteran's claims for various disabilities.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to assess the etiology of his back and stomach conditions.

The Veteran's service-connected low back disability is not shown to have been manifested by limitation of thoracolumbar spine forward flexion to 30 degrees or less, and incapacitating episodes of disc disease and/or separately ratable neurological manifestations are not shown. Therefore, a rating in excess of 20 percent is not warranted.