Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims due to the unavailability of his service treatment records and the need for additional medical opinions regarding the nature and etiology of his claimed conditions.

The Board found no evidence to support the Veteran's claim that his current lumbar spine disability is related to service, including in-service back strain. The VA examiners concluded there was insufficient evidence linking the current condition to military service.

The Board has determined that the Veteran's service-connected disabilities have rendered him in need of regular aid and attendance since April 4, 2006. The effective date for SMC based on this need is set at April 4, 2006.

The Board has remanded the case for additional development, including obtaining medical records and providing a new VA opinion regarding the Veteran's back disability.

The Board finds that the Veteran's lumbar spine, bilateral leg, right knee, and bilateral shoulder disorders are not related to his active military service.,There is no evidence of a nexus between these conditions and his in-service injury.

The Veteran's claims for higher initial disability ratings for various service-connected conditions have been denied. The Board found that the evidence did not support granting any of the requested increased evaluations.

The Veteran's lumbar spine osteoarthritis was found to meet the criteria for a 20 percent rating from February 15, 2006 to March 11, 2012.

The Board finds that the Veteran did not have a chronic low back disorder in service, and there is no evidence of continuity of symptoms after service. The current low back disability was not caused or aggravated by the service-connected left knee disability.

The Board found that the Veteran's bilateral knee and low back disabilities did not manifest within one year of service, and thus could not be presumed to have been caused by service. The Board also determined that there was no evidence of continuity of symptomatology for these conditions. As such, the Veteran failed to meet the criteria for direct service connection.

The Board has determined that the Veteran's current neck and back disabilities did not manifest during service or within one year of separation, and there is no credible evidence linking these conditions to his military service. The VA examinations provided more probative opinions than the Veteran's statements and those of Drs. B.F., W.D., and L.T.

The Board found that there is no direct evidence linking the Veteran's low back disorder to his service or any incident therein. The Board also determined that the low back disorder was not caused by, or aggravated by, his service-connected cervical spine disability. As a result, the claim for service connection for a low back disorder secondary to a service-connected cervical spine disability is denied.

The Veteran's degenerative spondylosis of the lumbosacral spine with DDD at L5-S1 has been manifested by forward flexion greater than 30 degrees but not greater than 60 degrees, resulting in a rating of 20 percent.

The Veteran's radiculopathy of the right upper extremity was granted a rating of 40 percent effective September 29, 2010. The maximum schedular rating for this disability is 40 percent.

The Board has remanded the case for a new VA examination and opinion to determine if the Veteran's low back disability is related to his active duty service, including his reported motor vehicle accident in January 1970. The Veteran will be provided with an appropriate VA examination.

The Veteran's low back disability has been rated as 20 percent disabling, but the VA examiner found that his symptoms warrant a higher rating of 40 percent due to muscle spasms severe enough to result in an abnormal gait and spinal contour.

The Board has determined that the Veteran's low back disability is service-connected as it is more likely than not a result of an in-service injury.

The Veteran's knee and lumbar spine disabilities have not met the criteria for a higher disability rating under applicable VA regulations.

The Veteran seeks service connection for his low back disc disorder, which he claims is related to his service-connected right knee disability. The Board has determined that a new VA examination and opinion are needed to address the issue of secondary service connection.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected myofascial pain syndrome with mild degenerative changes and mild disc bulges of the thoracolumbar spine is being remanded due to the need for additional development, including obtaining medical records from SSA and VA, as well as a new examination.

The Veteran's appeals for service connection for bilateral hearing loss and dislocated ribs have been dismissed due to withdrawal of the appeal by the Veteran.