Back / lumbar spine decisions — 2014

The Veteran's service-connected lumbar spine disability is rated at 20 percent, which is the highest rating available under the general rating formula for diseases and injuries of the spine. The Board found that the current level of impairment more nearly approximates a limitation of forward flexion to less than 60 degrees but not less than 30 degrees.

The Board has reopened the claim of service connection for a low back disability due to new and material evidence submitted by the Veteran. The issue is now on remand for further development.

The Board has determined that the Veteran's current diagnosed back disorder is at least as likely as not related to her military service, and thus service connection for a back disorder is granted.

The Board has decided to remand the case for a VA examination and opinion regarding the etiology of any diagnosed low back disabilities, including spondylolisthesis diagnosed during service. The examiner should provide opinions on whether each diagnosed low back disability clearly and unmistakably existed prior to entry into service and if it is at least as likely as not that the low back disability had its onset during service or is related to any event of service.

The Veteran's appeal for service connection for chest pain and syncope, claimed as leaking heart valve and heart complications, is being remanded due to missing treatment records from his unit in Iraq. The appeals for the remaining issues are also being remanded.

The Veteran's post traumatic lumbosacral degenerative disc disease is currently rated at 20 percent, effective September 10, 2009. The Board found that the disability does not warrant a higher rating based on functional loss due to pain or other factors.

The Veteran's claims for service connection for various knee and back disorders, as well as numbness of the lower extremities, were denied. The Board found that none of these conditions are shown to be causally or etiologically related to his active military service.

The Veteran's claims for increased ratings for his knee and back conditions were denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The Veteran's claims for increased evaluations for his service-connected lumbosacral strain and bilateral lower extremity sciatica are being remanded due to the need for additional examinations and development of records.

The Board has determined that the Veteran's current back disability was not incurred or aggravated during his period of active service and is therefore denied.

The Veteran's appeal is being remanded to the RO for scheduling a video conference hearing. The issues of service connection for hypertension, lumbar spine disability, and idiopathic thrombocytopenia petechiae are pending.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the severity of his service-connected lumbar spondylolisthesis and scar conditions. The case will be returned to the Board for further consideration.

The Board has remanded the claims for increased ratings for service-connected lumbosacral strain and right knee disability due to inadequate examination findings.

The Veteran's lumbosacral degenerative disc disease was rated at 10 percent prior to February 4, 2010 and denied a higher rating. As of February 4, 2010, the disability was rated as 20 percent but still denied an increased rating.

The Veteran's low back disability, manifested by chronic low back pain and a herniated nucleus pulposus with spinal stenosis at L5-S1, has not resulted in the required criteria for an increased rating beyond 10 percent.

The Veteran's appeal is being remanded for additional development, including scheduling a Social and Industrial Survey and obtaining updated VA treatment records. The case will be readjudicated after these actions.

The Veteran's claim for an increased disability rating for her service-connected degenerative disc disease of the spine is being remanded due to the need for additional development, including a new VA examination.

The Board has remanded the case for further development, including an orthopedic examination to determine the etiology of the Veteran's low back disability and whether his thoracolumbar scoliosis is a congenital disease or defect. The claim will be reconsidered based on the additional evidence.

The Veteran's cervical spine disability is found to be secondary to his service-connected lumbar spine disability, and he is granted service connection for this condition. The issue of restoring the Veteran's 60% rating for his lumbar spine disability remains pending.

The Veteran's facial and upper back acne vulgaris, left hip sciatica, and low back disability (including right-sided sciatica) are all found to be service-connected. The adjustment disorder with anxious and depressed mood is also granted.