Back / lumbar spine decisions — 2014

The Veteran's arthritis of the lumbar spine is currently rated at 20 percent, effective from the date of the decision. The separate rating for mild incomplete paralysis of the femoral nerve, left lower extremity, associated with the service-connected arthritis of the lumbar spine, is granted.

The Veteran's claims for service connection for bilateral hip disability and low back disorder are being remanded due to inadequate opinions from the June 2014 VA examiner. The claims will be readjudicated after new opinions are obtained.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination, and readjudicating the claims.

The Veteran's degenerative disc disease of the thoracolumbar spine with spondylosis and scoliosis has been rated at 20 percent, which is the maximum schedular rating available for this condition. The VA examiners found that his forward flexion was to 90 degrees, extension to 10 degrees, left and right lateral flexion to 20 degrees, and left and right lateral rotation to 20 degrees. These findings do not meet the criteria for a higher rating under any applicable diagnostic code.

The Board denied service connection for a back disability and a right hip disability, finding that the Veteran's current disabilities did not have their onset in service or are otherwise related to active duty.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a new VA medical opinion to address service connection for a low back disorder and an acquired psychiatric disorder.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. His increased rating claims for diabetes mellitus and degenerative joint disease, lumbar spine are pending.

The Board has granted service connection for a low back disability and assigned a 10% evaluation. The Veteran's peripheral neuropathy of bilateral lower extremities is also service connected.

The Veteran's claims for an initial disability rating in excess of 20 percent for a low back disorder, an earlier effective date for service connection, and SMC were denied. The Board found that the claim for SMC was not properly adjudicated as it pertained to aid and attendance rather than special monthly compensation.

The Board denied the Veteran's claims for service connection for various conditions, including hallux valgus of both feet, diabetes mellitus type 2, headaches, reactive airway disease, and sleep apnea. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims, and that the Veteran's conditions were not related to his active service or any service-connected disabilities.

The Veteran's appeal is denied as there is no current evidence of a low back disability that was incurred or aggravated by service. The initial compensable evaluations for hypertension and left hand disability are also denied.

The Board has remanded the claims due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has granted an earlier effective date of May 15, 2007 for the grant of service connection for low back disability. The issue of whether there was clear and unmistakable error in prior rating decisions dated in September 1979 and August 2003 is addressed in the REMAND portion of this decision.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the decision on appeal. This includes obtaining updated VA treatment records, seeking SSA records, and obtaining addendum opinions from VA examiners.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying military service during a period of war. The Board also found that the Veteran should be afforded VA examinations and opinions to determine whether his current respiratory disability, hearing loss, and other disabilities are related to service.

The Veteran's service connection claims for bilateral knee strain, back disability (claimed as middle back condition), left shoulder strain, acid reflux (including heart burn) and traumatic brain injury are all granted.

The Board has remanded the case for additional development, including a new VA examination and opinion on the nature and etiology of the Veteran's back and neck disorders. The issues of service connection for a back disorder, an initial compensable rating for migraine headaches, and TDIU are also being addressed.

The Board has granted a 60 percent evaluation for thoracolumbar degenerative disc disease with sacroiliac joint changes, status post T5 compression fracture. A compensable rating of 10 percent is assigned for the scar from right inguinal hernia repair.

The Veteran's claims for increased ratings and secondary service connection were denied. The lumbosacral spine disability was found to be at worst mild with no improvement in the previous year, while the left shoulder disability did not show any objective signs of disability.

The Veteran's low back disability is manifested by flare-ups that cause limitation of forward flexion to 30 degrees. The Board has determined a 40 percent rating is warranted for his low back disability.