Back / lumbar spine decisions — 2017

The Veteran's initial compensable rating for mild tension-like headaches and initial noncompensable rating for lumbar spondylosis with intervertebral osteochondrosis of L5-S1 were granted. The case is now remanded to schedule a VA examination for the low back disability.

The Veteran's claim for service connection for a joint disability of the hips, knees, and shoulders is denied as there is no evidence of current disabilities. The claim for service connection for back disability (lumbar spondylosis) is remanded due to insufficient medical examination.

The Veteran's appeal is remanded for additional development, including a new VA examination and issuance of a Statement of the Case regarding his sinusitis claim. The TDIU issue may also be impacted by this development.

The Veteran's lumbar spine and right shoulder disabilities have been rated at the minimum 10 percent level since March 15, 2013. The rating for the right shoulder disability remains at a non-compensable level.

The Veteran's claims for increased evaluations of his spine disability and radiculopathy, as well as the issue of entitlement to a TDIU, are being remanded due to inadequate examination reports and need for additional development.

The Board has determined that the Veteran's myofascial syndrome of the left hip and lumbar spine are due to his service-connected right hip, right knee, and foot disabilities, which have caused or aggravated these conditions.

The Veteran's hypertension, papillitis and low back degenerative joint disease were all found to be service-connected as of June 2005.

The Veteran's low back disability has been rated at 10 percent prior to January 14, 2016 and 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claims for increased ratings for his lumbar spine disability and right lower extremity radiculopathy were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

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

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and osteophytosis of the lumbar spine with left lower extremity radiculopathy, is not service-connected as it is not shown to have had its onset during active duty or be otherwise related to his military service. The Board also found that there is no evidence linking rheumatoid arthritis to service.

The Board has remanded the Veteran's claims for increased evaluations of her bilateral knee and lumbar spine disabilities due to inadequate examination reports. The case is now returned to the AOJ for further development.

The Veteran's claim for a higher rating for service-connected lumbar myalgia is being remanded due to the need for additional development, including obtaining translations of Spanish documents and scheduling a VA examination.

The Board has determined that the Veteran's acquired psychiatric disorder other than PTSD and lumbar spine disability are not service connected, as there is no evidence of a nexus between these conditions and his military service. The Board also found that the Veteran's current low back condition was less likely caused by or aggravated by his service-connected hepatitis C.

The Veteran's representative withdrew all appeals, including the one regarding an initial rating in excess of 60 percent for a lumbar spine disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the severity of his thoracic spine disability and whether his hearing loss was permanently aggravated during service.

The Veteran's claim for an increased rating for lumbar strain with paravertebral myositis is being remanded due to the need for a new VA examination to assess the current severity of his service-connected back disability and whether he has any associated neurological symptoms.

The Veteran's service-connected lumbar spine disability has been manifested by no worse than forward flexion to 70 degrees without manifestation of abnormal gait, spine contour, kyphosis, or 'incapacitating episodes' as defined by regulation. The criteria for a higher rating have not been met.

The Veteran's left hip bursitis is rated at 10 percent disabling. The Board found no evidence to support higher ratings based on limitation of motion or additional functional loss due to pain. Service connection was granted for the left hip lesion, but not for the right ankle disability, headache disorder, acquired psychiatric disorder, and buttock disability. The low back disability is also service connected.

The Veteran's claims for an increased rating and TDIU are being remanded due to the need for additional development, including a new VA examination.