Back / lumbar spine decisions — 2018

The Veteran's claims for higher initial ratings for migraine headaches, DDD of the lumbar spine, and DDD of the cervical spine were denied. The Board found that his symptoms did not meet the criteria for a 50% rating under Diagnostic Code 8100 (migraine headaches) or very frequent prostrating attacks productive of severe economic inadaptability.

The Board has granted an increased rating of 40 percent for the Veteran's service-connected lumbar spine disability, effective from the date of the remand. The Veteran is not rendered unable to secure or follow a substantially gainful occupation due to her service-connected lumbar spine disability alone.

The Board has remanded the case for additional development due to inadequate opinions in a previous VA examination.

The Board denied service connection for micromastia residuals, left foot plantar fasciitis, and shin splints of the right lower extremity. The Veteran's low back strain with bulging disc is rated 20 percent disabling from March 22, 2011 to the present. Her initial rating for right knee disability remains at 10 percent.

The Board has granted service connection for a low back disability as secondary to the Veteran's left knee disability. The Veteran's left knee disability is currently rated at 10 percent.

The Board has remanded the case for additional development due to potential records from a second motorcycle accident in service and an addendum VA medical opinion.

The Board found no evidence of a chronic back condition in service and noted the Veteran's consistent denial of any back problems during National Guard and Reserve examinations. The Board also considered the lack of treatment between 1988 and 2004, concluding that the medical record supported a negative nexus opinion.

The Board has determined that the Veteran's low back disability is not service-connected as there is no evidence of a chronic condition in service or within one year thereafter, and the preponderance of the evidence does not support a finding that his current degenerative arthritis and intervertebral disc syndrome are related to service.

The Board found that the evidence does not support a finding of service connection for a low back disorder, either as directly related to service or secondary to his service-connected right femur condition.

The Veteran's lumbar spine disability was reduced from a 20% to a 10% rating, effective August 1, 2015. The claim for an increased rating for the lumbar spine disability is granted. Service connection for bilateral eye disorder and bilateral foot disorder are also granted.

The Board has decided to remand the Veteran's claim for an increased rating for his back disability due to the need for further development, including a new VA examination and obtaining additional treatment records.

The Veteran's mechanical low back pain, with osteophytic formation, is currently rated at 20 percent disabling as of June 16, 2016. The rating remains unchanged from the previous staged ratings.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal.

The Veteran's service-connected disabilities, including his thoracolumbar spine strain, left knee degenerative joint disease, and right foot arthritis, have rendered him unable to secure or follow a substantially gainful occupation since August 19, 2015.

The Board has granted a 20 percent rating for the Veteran's low back disability from December 19, 2016 to April 18, 2017. The effective date of this decision is April 18, 2017.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under VA rating criteria.

The Board has remanded the Veteran's claim for a new VA examination to assess the severity of his service-connected lumbar spine disability due to an indication that there may have been changes in his condition since the last examination.

The Board finds that the Veteran's current cervical spine disability, including degenerative disc disease, degenerative joint disease, and myelitis, is related to his in-service injury. The evidence supports a finding of service connection for this condition.

The Veteran's neck disability has been rated at 10 percent, and the Board finds that a higher rating is not warranted. For TDIU, the Veteran does not meet the schedular requirements as his combined disability rating is less than 70%.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion regarding the etiology of any current psychiatric disorder. The claims will be reconsidered after this additional development.