Back / lumbar spine decisions — 2015

The Veteran's service-connected lumbar spine strain is rated at 40 percent effective May 16, 2013. The rating criteria specifically refer to the assignment of separate evaluations for neurologic manifestations.

The Veteran's low back disability is not shown to be causally or etiologically related to any disease, injury, or incident in service. The Board finds that the criteria for a low back disability have not been met.

The Board has remanded the case due to insufficient service treatment records and a need for an addendum opinion regarding the etiology of the Veteran's back disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination results and Social Security Administration records. The issues of increased evaluation for spondylolisthesis with a lumbosacral strain and disc abnormalities and entitlement to a total disability rating based on individual unemployability are also included in the appeal.

The Veteran's low back disability is found to be secondary to his service-connected right knee disability, and he is granted service connection for degenerative arthritis and disc herniation of the lumbosacral spine. The issue of service connection for neuropathy remains pending.

The Board found that the Veteran's current cervical and lumbar spine disabilities were not incurred in service, as there was no chronic condition noted at separation. The VA examiner concluded that the conditions are more likely due to aging and degenerative changes rather than service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine was first diagnosed during active duty service and grants service connection for this condition.

The Veteran's claims for higher ratings for migraines and low back disability were denied. The current rating of 10 percent for migraines is maintained, while the initial 20 percent rating for low back disability was granted effective April 24, 2009.

The Veteran's cervical spine disability is not shown to meet the criteria for a rating in excess of 10 percent, as his range of motion and combined range of motion do not more nearly approximate the criteria for such.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current right knee, hip and back disabilities and his service. The case will be readjudicated after this.

The Board denied the Veteran's claim for service connection for a chronic low back disorder, finding that there was no in-service injury or disease and no current disability. The evidence did not show any treatment for back pain during service and the separation examination found the spine to be normal.

The case is being remanded for further development of the Veteran's claims, including obtaining his service treatment records and scheduling medical examinations.

The Veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and development of VA treatment records.

The Veteran's appeal has been dismissed due to his death. The claims for service connection have not been decided.

The Board has granted the Veteran's claim to reopen his service connection for a back disability and remanded the issues of entitlement to higher ratings for residuals of a fracture of the left ankle and fibula, as well as whether new and material evidence has been submitted sufficient to reopen a claim of entitlement to service connection for a cervical spine disability.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before the Board. The case will be returned for further action.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and private medical records. The Veteran's lumbar spine disability is also to be evaluated by a VA examiner.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining relevant treatment records and scheduling a VA examination. The issues of entitlement to service connection for sleep apnea, PTSD, and low back disability are being remanded.

The Veteran's claim for a rating in excess of 10 percent for lumbar spine degenerative arthritis prior to January 1, 2014 was denied. The disability is currently rated as 10 percent disabling.

The Board has granted service connection for lumbar and bilateral shoulder disabilities that are secondary to the Veteran's cervical spine disability. The Veteran is assigned a 30 percent rating for these conditions.