Back / lumbar spine decisions — 2015

The Veteran's DJD of the thoracolumbar spine with IVDS involving the lateral femoral cutaneous nerve is currently rated at 40 percent from October 7, 2014.

The Veteran's low back disability, characterized by spondylolisthesis of the lumbar spine, has not met the criteria for a rating in excess of 20 percent at any point during the appeal period.

The Veteran's appeal is being remanded due to the need for clarification on the extent of his service-connected low back disability and additional development of evidence.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been rated at 10 percent, but his symptoms do not warrant a higher rating as he does not have ankylosis or incapacitating episodes requiring bed rest.

The Veteran's claims for higher ratings for his knees, hip and spine disabilities were denied. The Veteran was awarded separate 10 percent ratings for degenerative arthritis of the right knee and left knee prior to August 20, 2007, but no higher rating is warranted.

The Board has reopened the claim of service connection for residuals of polio of the right lower extremity and granted it. The lumbar spine disorder, left leg disorder, left ankle disorder, and left hip disorder are all considered direct service connections.

The Veteran requested to withdraw all of his pending appeals, including those related to service connection for various conditions and disability ratings. As a result, the Board has dismissed the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and the possible existence of outstanding VA records.

The Veteran's lumbosacral strain is currently rated at 20 percent, but does not meet the criteria for a higher rating as there is no evidence of limitation of motion to 30 degrees or less.

The Board has reopened the service connection claims for lumbar spine disability and left leg injury, but denied their merits. The claim of entitlement to service connection for sciatica of the right and left legs is also denied.

The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Veteran's current back disability, diagnosed as lumbar strain and lumbosacral spine degenerative disc disease with nerve root impingement, is found to be related to his military service. The Board has granted service connection for this condition.

The Veteran's appeal is being remanded for a new VA examination to assess the nature and etiology of his claimed lower lumbar sprain/strain disability, including back pain, muscle spasms, and limited mobility. The examiner must provide an opinion as to whether it is at least as likely as not that he suffers from either (1) a chronic lumbar strain/sprain disability attributable to the reported in-service injury or (2) residuals of the reported in-service lumbar injury.

The Veteran's multi-level degenerative disc disease of the lumbar spine was granted an initial rating in excess of 10 percent prior to July 8, 2013, and a rating in excess of 20 percent thereafter.

The Veteran's claims for service connection for a lumbar spine disorder and a right lower extremity neurological disorder are being remanded due to deficiencies in the VA examiner's opinion, including failure to address the continuity of symptoms since military service.

The Board has ordered additional development to address the Veteran's claims for service connection and increased ratings for his back, left knee, and right knee disabilities. The case is being remanded to allow for further examination and opinion regarding these issues.

The Veteran's low back disability was manifested by forward flexion to 30 degrees or less between October 9, 2009 and July 7, 2013.,Prior to October 9, 2009, the Veteran did not have forward flexion limited to 30 degrees or less. Since July 8, 2013, the Veteran's forward flexion has been greater than 30 degrees.

The Veteran's service-connected disabilities, including degenerative intervertebral disc disease of the lumbar spine and cervical spine, as well as other conditions, have been considered. The claim for a compensable rating for residuals of a left elbow injury is granted, with an effective date to be determined based on further review. Service connection for varicose veins was denied previously. Compensation under 38 U.S.C. § 1151 for dental issues has also been addressed.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability since July 8, 2008. The effective date is not specified as it was assigned by the AOJ.