Back / lumbar spine decisions — 2014

The Veteran's lumbosacral spine disability has been rated at a 20 percent rating since the grant of service connection in June 2008. The Board finds that his current condition warrants an increased rating to 60 percent, which includes both the schedular and extraschedular ratings.

The Veteran's lumbar spine disability has not resulted in forward flexion less than 30 degrees, ankylosis of the thoracolumbar spine, or incapacitating episodes during any period on appeal. The Veteran's right lower extremity radiculopathy is primarily manifested by complaints of radiating pain and numbness, but with few objective manifestations.

The Board found that the Veteran's lumbar spine disorders, including scoliosis and osteoarthritis of the lumbar spine, did not have their onset in service or within one year of separation therefrom, nor are they etiologically related to his active service. The claim for service connection was therefore denied.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, as there is no evidence of a nexus between his current disabilities and his military service.

The Board has ordered additional development to determine if the Veteran's cervical spine disability is related to his service-connected lumbar spinal stenosis, and whether it was caused or aggravated by that condition.

The Veteran's service connection claims for various conditions including as secondary to his right knee disorder have been granted and he is now rated at 10% for degenerative joint disease of the right knee.

The Board has determined that the Veteran's back disability was not incurred in or caused by his active service and therefore denied the claim for service connection.

The Board found that the Veteran does not have current radiculopathy of the lower extremities and denied service connection for this condition.

The Veteran seeks service connection for a spine disability, claimed both as directly related to service and as secondary to his service-connected left ankle disability. The case is being remanded due to incomplete records and the need for additional medical examination.

The Veteran's service-connected diffuse lumbar spondylosis with degenerative disc disease is currently rated at 60 percent, and the Board finds that a higher rating is not warranted.

The Veteran does not have a low back disability that is the result of disease or injury incurred in or aggravated by active military service, and arthritis of the low back may not be presumed to have been incurred or aggravated therein. The Board finds that there is no evidence linking sciatic nerve pain to service.

The Board has remanded the case for additional development to address service connection claims for memory loss, fatigue, and cervical spine disability.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The Board found that the reduction from a 20 percent rating to a 10 percent rating in January 2008 was proper, and that prior to December 6, 2010, the disability did not meet criteria for a higher rating. Since December 6, 2010, the disability met criteria for a 20 percent rating.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining medical records. The Veteran's claim of entitlement to an evaluation in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine is pending.

The Veteran's LUE radiculopathy has been rated at 30 percent since May 1, 2008. The Board found that the evidence did not support a higher rating due to incomplete paralysis of all radicular groups.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing supplemental opinions on the service connection claims.

The Board has remanded the case for additional development due to inadequate opinions in the previous VA examination and treatment records.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, qualifying for TDIU. The left flank scar is rated at 10 percent due to painful symptoms.

The Board found that the Veteran's low back disability was incurred in service and granted his claim for service connection.

The Board found no clear and unmistakable error in the 1967 and 1971 rating decisions that denied service connection for a back disorder. The Veteran's pre-existing condition of spondylolisthesis, L5-S1, was considered to have existed prior to service without aggravation.