Back / lumbar spine decisions — 2014

The Veteran's degenerative disc disease of the thoracolumbar spine is not more than 20 percent disabling, as his range of motion does not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's low back disability, characterized by lumbar strain with disc herniation, does not meet the criteria for a higher initial rating beyond the assigned 10 percent due to lack of evidence showing forward flexion greater than 30 degrees but less than 60 degrees or combined range of motion of thoracolumbar spine being greater than 120 degrees.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational background.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current hearing loss disability in the left ear, and that the Veteran did not meet the criteria for an initial rating greater than 20 percent prior to June 17, 2010, or greater than 40 percent thereafter for disc disease of the lumbar spine. The claim for increased ratings for left lower extremity radiculopathy was also denied.

The Veteran's claims for increased ratings for his service-connected lumbar spine and left lower extremity conditions are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including hearing loss in the left ear and tinnitus. The claims are denied.

The VA reduced the Veteran's rating for his lumbar spine degenerative joint disease from 40 percent to 10 percent, effective September 1, 2009. The reduction was based on a March 2009 examination showing improvement in range of motion that did not warrant a higher rating.

The Board has remanded the case due to inconsistencies in service records and need for further examination. The Veteran's claims of increased ratings for right knee disability, as well as service connection for various disorders, are pending.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a low back disability. The Veteran's current medical records support her claim, as she was diagnosed with lumbar disc disease during the examination.

The Board has remanded the case due to the Veteran's request for a videoconference hearing before the Board.

The Veteran's appeal is remanded for additional development, including obtaining VA medical records and arranging for a VA examination to determine the current severity of his service-connected lumbar spine disability.

The Board has reopened the Veteran's claim for service connection for a chronic lumbar disability and finds that new evidence received since the last final denial supports the reopening of this claim. The Board also finds that service connection is warranted as it is at least as likely as not that the Veteran's current back condition was caused by his active duty service.

The Veteran's initial rating for thoracolumbar spine degenerative joint disease and cervical spine strain has been granted at a 40 percent evaluation since October 14, 2010. The appeal is not about service connection but rather the assignment of an initial rating.

The Veteran's service-connected disabilities render him incapable of gainful employment consistent with his educational background and occupational experience, warranting a TDIU.

The Board found that the Veteran's current low back disorder is less likely as not caused by or a result of her period of service, and more likely due to work-related injuries after service.

The Board has remanded the case for additional development, including obtaining VA treatment records and affording the Veteran an appropriate VA examination to assess his educational and vocational skills in relation to his ability to perform sedentary employment and/or light duty work.

The Board finds that it is at least as likely as not that the Veteran's lumbar degenerative disc disease and arthritis of the lumbar spine had its onset during service, and has continued since then. Therefore, the claim for service connection is granted.

The Board denied an increased disability rating for the service-connected dorsolumbar SFW scar, finding that a 10 percent rating was appropriate based on the Veteran's current symptoms and diagnostic code.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is rated at 20 percent effective July 1, 2013.

The Veteran's degenerative changes of the lumbar spine were evaluated at a 10 percent rating prior to February 25, 2010. The evidence did not meet criteria for higher ratings based on limitation of motion or other factors.