Back / lumbar spine decisions — 2014

The Veteran's service-connected degenerative disc disease of L5-S1 spine with early spondylosis was granted a 10 percent disability rating, effective August 7, 2010. The appeal for an increased rating is denied.

The Board denied the Veteran's claims for increased evaluations for his low back disability, left and right lower extremity lumbar radiculopathy as there was no evidence of ankylosis or incapacitating episodes in the case of the low back disability. For the other two issues, the criteria for a higher evaluation were not met.

The Board has determined that the Veteran's neck, low back, right hip, and left hip disabilities are at least as likely as not aggravated by his service-connected bilateral pes cavus. Therefore, these disabilities have been granted secondary service connection.

The Board granted the Veteran's petition to reopen his previously denied claim for service connection for lumbosacral strain with spina bifida, finding new and material evidence had been submitted. The claims for sleep apnea and increased rating for gout were also addressed.

The Veteran's service-connected lumbar disc disease is not shown to have resulted in any additional limitation of motion or functional impairment that would warrant a higher rating than the current 10 percent. The claim for service connection for pain in the lower legs has been remanded.

The Veteran's appeal is being remanded for additional development to obtain updated treatment records and for a VA examination to assess the severity of her service-connected disabilities, specifically her lumbar spine and knee conditions.

The Board has determined that the Veteran does not have a diagnosed low back disorder, and thus service connection for this condition is denied.

The Board has determined that the Veteran's lumbar spine disability is at least as likely as not incurred in service, resolving reasonable doubt in favor of the Veteran.

The Veteran's thoracolumbar spine disability has been rated at 20 percent since October 10, 2007. The evidence does not support a higher evaluation.

Service connection for PTSD, left eye cataract, low back disability, gall bladder disability, bilateral upper extremity neuropathy, kidney disability, heart disability, and periodontal disease has been granted.

The Veteran's thoracolumbar strain with degenerative changes has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, thus preventing a rating in excess of 40 percent.