Back / lumbar spine decisions — 2016

The Veteran's DJD/DDD of the lumbar spine resulted in forward flexion limited to 35 degrees, extension limited to 5 degrees, and trunk sidebending limited to 10 degrees. These findings do not meet the criteria for a schedular rating in excess of 20 percent.

The Board has reopened the claim for service connection for residuals, low back injury and finds that new and material evidence has been submitted. The claim is now reviewed on its merits.

The Board has denied the Veteran's claims for service connection for minimal degenerative disc and joint disease at the L5-S1 level, patellar spurring of the left knee, and patellar spurring of the right knee as there is no evidence linking these conditions to his active service.

The Veteran's thoracolumbar strain disability was manifested by a functional loss due to pain that more nearly resembled forward flexion of the thoracolumbar spine of 30 degrees or less, effective June 12, 2010.

The Veteran's claim for service connection for a back disability is being remanded due to the failure to appear at his scheduled hearing. The RO will attempt to locate him and reschedule the videoconference hearing.

The Veteran's appeal is being remanded for additional development, including new VA examinations and requests for Social Security Administration records.

The Veteran's lumbar spine disability has been rated at 20 percent since October 22, 2015. The rating is for radiculopathy of the left lower extremity associated with residuals of a compression fracture to the lumbar spine.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a low back disability. The matter is therefore reopened, but the claim remains denied as there is no credible evidence linking the current low back disability to service.

The Veteran's claims of service connection for variously diagnosed psychiatric disabilities, low back disability, hypertension and tinnitus are being remanded due to the need for additional development. The case is inextricably intertwined with the reopening of a claim of service connection for a psychiatric disability.

The Board finds that the Veteran's current back disability, diagnosed as kyphosis, is related to her service and grants service connection for this condition.

The Veteran is eligible for special monthly compensation under 38 U.S.C.A. § 1114(s) since April 11, 2011 due to his unemployability and the combined disability rating of his remaining service-connected disabilities.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine with right lower extremity radiculopathy is secondary to his service-connected sacral pain with history of chronic coccydynia and fracture of coccyx, and grants this claim.

The Veteran's bilateral hearing loss is related to his active service, and the Board has granted service connection for this condition. The issue of a higher schedular rating for degenerative joint disease of the lumbar spine remains pending. TDIU is also under consideration.

The Board finds that the Veteran's preexisting lower back condition was noted on entrance into service and clearly and unmistakably did not increase in severity during active service, thus denying service connection for his lower back condition.

The Board has determined that the Veteran's current low back disability is at least as likely as not caused by an injury sustained during active service, and thus grants service connection for this condition.

The Veteran has withdrawn all issues on appeal, including the reopening of a claim for osteoarthritis of the bilateral knees and claims for hearing loss, tinnitus, major joints, and lumbar spine.

The Veteran's service-connected degenerative disc disease of the lumbar spine was granted a noncompensable rating from May 2, 2005 to July 1, 2008.

The Veteran's claim for service connection of degenerative disc disease of the lumbar spine was granted with an effective date of September 9, 1995, which is the day following his discharge from active duty.

The Board has determined that the Veteran's current lumbar spine disorder is etiologically related to his active military service, and therefore grants service connection for this condition.

The Board has granted service connection for a low back disability, chronic coccydynia as secondary to postoperative residuals of pilonidal cystectomy, and right leg radiculopathy (sacroiliac weakness) as secondary to the low back disability and postoperative residuals of pilonidal cystectomy.