Back / lumbar spine decisions — 2016

The Board has determined that the reduction of the rating for cervical stenosis with degenerative disc disease and spondylosis from 20 percent to 10 percent, effective February 1, 2013, was improper. The Veteran's service-connected condition remains at a 20 percent rating.

The Board has determined that the Veteran does not have a current diagnosis of hearing loss, foot disability, leg disability, sarcoidosis, migraine headaches, gynecological disability requiring hysterectomy, or back disability. The Veteran's claim for service connection for PTSD is also denied as there is no evidence of a psychosis within one year of separation from service and no continuity of symptomatology since then.

The Board has granted the Veteran's claim of service connection for a low back disability, finding that his preexisting condition was aggravated during his deployment to Iraq.

The Veteran's appeal is being remanded to obtain additional medical records and for VA examinations to assess the severity of his service-connected PTSD, umbilical hernia, thoracolumbar strain, and left elbow strain. The issues of entitlement to evaluations in excess of 10 percent for these conditions are also being remanded.

The Veteran's service-connected thoracolumbar spine disability and associated neurological abnormalities are currently rated at the minimum levels, with no higher ratings warranted based on current evidence of record.

The Veteran's claims for higher ratings for his service-connected cervical spine and right knee disabilities are being remanded due to the need for additional examinations and development of medical records.

The Board has determined that the Veteran's cervical spine, thoracolumbar spine, and bilateral hip disabilities are all service-connected.

The Board has determined that the Veteran's current lower back disorder, diagnosed as degenerative arthritis and degenerative disc disease, is not related to his active service. The preponderance of evidence does not support a finding that the disability was incurred in or aggravated by service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his lumbar strain and left lower extremity radiculopathy.

The Veteran's claim for DEA benefits was denied because his service-connected disabilities did not meet the requirement of permanent and total disability. The RO proposed to reduce his 100 percent rating for depressive disorder, but a TDIU rating has been granted. The case is being remanded to determine if the current severity of his service-connected disabilities are reasonably certain to continue throughout his life.

The Veteran meets the percentage requirements for TDIU due to one service-connected disability rated at 60 percent or more, and his cognitive disorder has rendered him unable to secure or follow a substantially gainful occupation.

The Veteran is seeking service connection for a low back disorder, which the VA examiner determined was not related to his time in service or any of his service-connected disabilities. The Board finds that an addendum opinion is needed from the VA examiner to consider all pertinent evidence.

The Veteran's low back disability, rated at 10 percent, did not meet the criteria for a higher rating based on the severity of her symptoms and functional impairment.

The Veteran has been granted service connection for degenerative arthritis and IVDS of the lumbar spine.,Service connection was denied for residuals of a neck injury, as well as residuals of bilateral shoulder injuries.

The Board denied the Veteran's claims for service connection for tinnitus, back disorder, bilateral shoulder degenerative joint disease, and higher ratings for residuals of TBI and residuals of TBI with tension-type headaches.

The Board denied service connection for several conditions, including bilateral hip disorder, bilateral shoulder disorder, neck disorder, upper back pain disorder, and liver disorder. The decision is final as the Veteran did not appeal it.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been rated at 10 percent since November 2006. The VA examiner found flexion to 90 degrees, extension to 30 degrees with pain at 20 degrees, and no instability or subluxation. The Veteran’s disability does not meet criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with appropriate notice to file a TDIU claim.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining an examination and opinion regarding whether his current lumbar spine disorder was aggravated by his service-connected cervical spine disability.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.