Back / lumbar spine decisions — 2014

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to address the etiology of the Veteran's low back condition.

The Veteran's lumbar spondylosis with chronic back strain is currently rated at 40 percent, but the Board finds that this rating adequately reflects his disability level and symptomatology.

The Veteran's retropatellar pain syndrome of the bilateral knees is related to service and service connection has been granted.

The Veteran's appeal was dismissed as the issue of VA authorization for outpatient chiropractic treatment for a lumbar spine disorder on specific dates has been resolved by payment of medical expenses.

The Veteran's low back disability was rated at 40 percent effective May 2, 2012.,Effective September 9, 2011, separate 10 percent ratings were granted for neurologic impairment involving the right and left lower extremities.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred in service.

The Veteran's claim for a higher rating of his lumbar degenerative disc and joint disease was denied. He is currently rated at 20 percent, but the Board found that he does not meet the criteria for an evaluation in excess of this rating. The claim for service connection for depression remains pending as it has been remanded to the RO. His claim for a TDIU was withdrawn by the Veteran.

The Board has remanded the case due to missing service treatment records and the need for a VA examination to determine if the Veteran's current low back disorder may be related to service, including his reported gunshot wound. The examiner should also provide an opinion on whether the Veteran's neuropathy of the lower extremities is related to his low back disorder.

The Veteran requested a withdrawal of all issues on appeal due to the increase in her post-concussive syndrome rating to 100 percent effective October 9, 2012. As such, the Board dismissed the appeal.

The Board has determined that the Veteran's low back disability, including herniated disc and degenerative joint disease, is not related to service. The preponderance of evidence does not support a finding that his current condition was incurred or aggravated by military service.

The Veteran's claims for increased ratings and secondary service connection were denied. The RO found that the Veteran's right knee, left hip, right hip, and lumbar spine disabilities are not shown to be related to his service-connected conditions.

The Veteran's tendonitis of the right foot and lumbar spine disability have not been shown to be related to service or a service-connected condition. The case is being remanded for further development.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.

The Veteran's claims for service connection for a lumbar spine disorder and tinnitus are being remanded due to the need for additional development, including VA examinations.

The Veteran's lumbosacral strain did not meet the criteria for an evaluation greater than 10 percent from September 20, 2009.

The Board found that the Veteran's current bilateral knee and back disorders are not due to disease or injury incurred in service, nor can arthritis be presumed to have been incurred therein. The VA examiner opined that the disabilities were more likely related to the Veteran's weight and work-related injuries after service.

The Board found that the Veteran's back disability is not related to his active service and denied his claim for service connection.

The Veteran is seeking service connection for a back disorder, which he contends was caused by his military service. The case has been remanded due to inadequate examination and the need for clarification of certain facts.

The Veteran's service-connected low back disability, including lumbosacral strain and IVDS, is rated at 40 percent since May 21, 2008. The rating for the bone spur of the right foot has been increased to 10 percent effective December 30, 2011.

The Veteran's lumbosacral spine disability results in forward flexion of the thoracolumbar spine to 10 degrees, with favorable ankylosis. The disability does not result in unfavorable ankylosis or incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician.