Back / lumbar spine decisions — 2015

The Veteran's claim for an increased rating for lumbar degenerative disc disease and stenosis was denied, while his claim for an increased rating for vitiligo was granted at a 10% disability rating.

The Board found no clear and unmistakable error in the June 1980 rating decision that denied service connection for a low back condition, thus denying the claim for an earlier effective date based on CUE.

The Veteran's right lower extremity radiculopathy has been granted an initial 20 percent rating, effective June 1, 2012.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his claims.

The Veteran's service-connected diabetes mellitus, type II, is granted. The Board has also granted service connection for degenerative joint disease of the left shoulder and lumbar spine with compression fracture of the thoracic spine, as well as right great toe joint replacement, status post degenerative joint disease. An initial evaluation in excess of 10 percent for each condition is not warranted.

The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral spine disability was denied. The appeal also included a request for an earlier effective date for the grant of service connection for radiculopathy of the bilateral lower extremities, which is not addressed by this decision.

The Board has determined that there was clear and unmistakable error in the August 1978 rating decision, which did not provide additional ratings for muscle damage to Muscle Groups IX and XIX. The Veteran's thoracolumbar spine disability, psychiatric disability (PTSD), left ulnar palsy, and left leg paresis and spasticity are all at issue.

The Board found that the Veteran's low back, bilateral ankle, and right shoulder disabilities did not manifest during service or are otherwise directly related to her service. The preponderance of evidence is against a finding that these conditions were caused by or aggravated by her service-connected bilateral knee disabilities.

For the period from May 19, 2008 to February 4, 2015, your service-connected degenerative disc disease and degenerative joint disease of the lumbar spine was manifested by pain on motion with forward flexion limited to 55 degrees.,Effective February 4, 2015, your service-connected degenerative disc disease and degenerative joint disease of the lumbar spine is manifested by pain on motion with forward flexion limited to 10 degrees.

The Board has determined that additional development is needed to ensure the Veteran receives proper notice and assistance in connection with his claims, including obtaining SSA records and scheduling him for a VA examination. The appeal will be remanded for these purposes.

The Veteran's claims for increased ratings for low back and right shoulder disabilities were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claims for service connection, an initial rating for osteoporosis, and TDIU are being remanded due to the need for additional development.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service, as his pre-existing condition worsened during service but did not result from any incident of service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim of service connection for a back disability will be reconsidered based on the additional evidence.

The Board has remanded the case for further development due to inadequate medical opinions and consideration of other issues raised by a Joint Motion.

The Board found no medical evidence to support a service connection claim for lumbar spine degenerative joint disease, as the Veteran's current condition is not related to his military service. The VA examiners provided opinions that the Veteran's back issues are less likely caused by or linked to his in-service motorcycle accident.

The Veteran's claim for a TDIU prior to February 19, 2009 was granted. The RO has already granted the Veteran a 40% rating for his lumbar spine disability effective from April 16, 2008.

The Board found no evidence of a low back injury or symptoms during service, and there is insufficient credible medical evidence to establish a connection between the current low back disability and military service.

The Board has remanded the claims for appropriate medical clarification due to deficiencies in the VA examinations and opinions provided.

The Board has denied the Veteran's claims of service connection for sleep apnea, hypertension, and lumbar spine disability. The evidence does not support a finding that these conditions are related to his active service.