Back / lumbar spine decisions — 2015

The Veteran's disability rating for lumbosacral strain with arthritis was reduced from 20 percent to 10 percent, effective January 9, 2012. The Board finds that the reduction was proper as there is evidence of actual improvement in his condition.

The Veteran's lumbosacral strain with spondylosis and degenerative joint and disc disease, including associated radiculopathy of the left lower extremity, is rated at 40 percent.

The Veteran's lumbar spine disability is found to be directly related to his period of active service, and he is granted service connection for this condition.

The Board has determined that the Veteran's condition did not stabilize by October 1, 2011, and thus he could have been transferred to a VA facility for further care. The medical expenses incurred at the private hospital from October 1 to October [redacted], 2011 are therefore granted.

The Board finds that the Veteran does not have a current diagnosis of any left knee, right knee, or low back disability related to service. The VA and private medical records do not support a link between her in-service injuries and her current conditions.

The Board has granted an effective date of June 8, 2006 for the award of TDIU benefits. The Veteran's adjustment disorder with mixed depression and anxiety is rated at 30 percent since January 14, 2013. His low back disability is rated at 20 percent since November 25, 2009, and his neck disability is also rated at 20 percent since that date.

The Veteran's appeal is being remanded to obtain additional VA medical records from the Jesse Brown VA Medical Center and St. Cloud VA Health Care System.

The Board has determined that the Veteran's current back disorder is not related to his active duty service and therefore denied his claim for service connection.

The Board has granted service connection for lumbar degenerative disc disease, finding that the Veteran's current back disability resulted from an in-service injury. The issue of left ulnar neuropathy is remanded due to inadequate VA opinion regarding presumed Agent Orange exposure.

The Veteran's claim for an earlier effective date for service connection of a low back disability and PTSD has been granted. The specific dates have not been provided in the decision.

The Board found that the Veteran's left hip disability and lumbar degenerative disc disease were not incurred in or aggravated by service, nor are they proximately due to a service-connected condition. The Veteran's lumbar spine disability was evaluated at 10 percent prior to June 10, 2014.

The Veteran's service-connected C6-C7 herniated nucleus pulposus, C3-C4 and C4-C5 bulging discs, and cervical myositis is manifested by increased pain in the cervical area; forward flexion limited to 25 degrees with objective evidence of pain beginning at 5 degrees; extension limited to 20 degrees with objective evidence of pain beginning at 5 degrees; less movement than normal and pain on movement after repetitive use; localized tenderness; and pain to palpation for joints.,The Veteran's low back disorder is not related to his military service.

The Board found that the Veteran did not have additional disability of the low back due to the June 1992 VA back surgery, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims due to missing records and incomplete service treatment records. The Veteran's claims for PTSD, sleep disorder, insomnia, bilateral hearing loss, tinnitus, fibromyalgia, and residuals of fractured nose are being remanded.

The Veteran's service-connected degenerative disease of the lumbar spine, status post fusion L4-S1, is currently rated at 20 percent and her radiculopathy of the left and right lower extremities are also rated at 20 percent each. The appeal for higher evaluations has been granted.

The Veteran's appeal has been dismissed due to his death. The issues of increased rating for cephalgia and reopening service connection for a lumbosacral disorder are no longer before the Board.

The Veteran's lumbar spine degenerative disc disease with radicular pain on the left leg is considered service connected as it was incurred during his active duty.

The Board denied the Veteran's claims for earlier effective dates for service connection of bowel dysfunction, bladder dysfunction, and erectile dysfunction. The appeal is also denied regarding entitlement to a higher initial disability rating for low back disability.

The Board has decided to remand the Veteran's claims for a higher rating for his low back disability and for TDIU due to inadequate evidence from the last examination, which was conducted nearly 2 years ago. The Veteran testified that his condition has worsened since then.

The Board found that the Veteran does not have a diagnosed low back disorder and therefore denied his claim for service connection.