Back / lumbar spine Board decisions

The Veteran's appeal is being remanded due to the need for additional medical records and consideration of new evidence. The issues regarding his service-connected spine disorders are still under review.

The Board has reopened the claims for service connection for fatigue, joint pain with muscle aches (other than disability of the bilateral ankles), and sleep apnea due to undiagnosed illness. The evidence received since the September 1997 rating decision raises a reasonable probability of substantiating these claims.

The Board has determined that additional development is required due to the need for medical opinions regarding the etiology of the Veteran's right foot and low back disorders, as well as whether his current conditions are related to service.

The Veteran's claim for higher initial ratings for his degenerative disc disease of the lumbar spine has been granted, effective July 14, 1999. Effective October 9, 2008, he was assigned a 20 percent rating for peripheral neuropathy of the bilateral lower extremities.

The VA determined that the Veteran's current lumbar spine disability is not related to his military service and denied his claim.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from Cape Fear Valley Medical Center. A spine examination is also required to determine if any current lumbar spine disorder began in or is related to military service.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from April 11, 2013. The rating reflects that his condition has not resulted in ankylosis or incapacitating episodes.

The Veteran's lumbar spine disability has been characterized by complaints of pain and tenderness, abnormal contour of the spine, and some limitation of motion. The VA examiner found that his flexion was more limited than clinically observed but still exceeded what would warrant a rating in excess of 20 percent. Therefore, he is currently rated at 20 percent for his lumbar spine disability.

The Veteran's service-connected lumbosacral degenerative disc disease is currently rated at 10 percent, and the claim for an initial evaluation in excess of 10 percent has been denied.

The Veteran's claims for increased ratings and separate ratings have been granted. He is now rated at 40 percent for his DJD of the lumbar spine, with a separate 10 percent rating for each knee condition.

The Board has determined that the Veteran's skin rash associated with tinea infection and/or dermatitis is likely related to service, while his back disorder was not present during service or within one year after service. The Board finds reasonable doubt in favor of the Veteran for both conditions.

The Veteran's service-connected lumbar spine, right knee, and left lower extremity conditions have been rated as appropriate based on the severity of his symptoms.

The Veteran's service-connected disabilities are found to be of such severity as to preclude substantially gainful employment, warranting a TDIU.

The Board found that the Veteran's degenerative disc disease of the thoracic spine did not have its onset during service and is not otherwise related to his military service, thus denying his claim for service connection.

The Veteran's appeal has been dismissed as the appellant, through his authorized representative, has withdrawn it.

The Board found that the Veteran's current low back disorder is not service-connected and denied his claim.

The Board found that the Veteran's back disability is not related to service or his service-connected diabetes mellitus type II, and thus denied his claim for service connection.

The Veteran's service-connected low back disability and associated radiculopathies have been rated based on their severity, with the highest rating of 40% for his left lower extremity radiculopathy from May 8, 2013 to the present. The Veteran's right lower extremity radiculopathy has also received a 20% rating effective May 18, 2013.

The Veteran is entitled to a TDIU for the period from December 15, 2009 through July 30, 2013 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.