Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for service connection for a thoracolumbar spine disability and a chest disability to the Appeals Management Center (AMC) for further evidentiary development.

The Veteran's lumbar muscular strain with degenerative disc disease was initially rated at 10 percent prior to August 26, 2011 and upgraded to 20 percent effective from that date.

The Board finds that the Veteran's lumbar spine disability was permanently aggravated by INACDUTRA during his National Guard service, and grants entitlement to service connection for this condition.

The Board found no evidence of a chronic low back disability in service or within one year post-service, and concluded that the Veteran's current low back condition is not related to his military service. For bilateral hearing loss, the Board noted exposure to loud noises during service but did not find sufficient medical evidence linking it to service.

The Veteran's claims for service connection for low back and right hip disabilities are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's hypertension is not related to service, including his active duty in Kuwait. The VA examiner found no evidence of a direct relationship between the Veteran's PTSD and his hypertension.,Regarding degenerative disc disease of the lumbar spine, the VA examiner concluded it was less likely than not caused by or aggravated by service-connected PTSD.

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

The Veteran's lumbosacral spine disability has been rated at 20 percent since October 1, 2005. The claim for a higher initial rating is denied.,Prior to August 23, 2012, the Veteran was not entitled to separate ratings for right and left lower extremity radiculopathy associated with his lumbosacral spine disability. Since that date, he has been rated at 10 percent each for these manifestations of his service-connected low back disability.,Effective August 23, 2012, the Veteran's right leg radiculopathy is rated as 10 percent disabling and his left leg radiculopathy is also rated as 10 percent disabling.

The Veteran's claim for a higher rating for his left knee disability was denied. The Board found that the evidence did not show limitation of motion to 30 degrees or extension limited to 15 degrees, which would warrant a higher evaluation under Diagnostic Codes 5260 and 5261. Factors warranting TDIU on an extraschedular basis were also not present.

The Board has determined that the Veteran's claim for service connection for low back disability should be remanded due to insufficient evidence regarding the onset and relationship of his current condition to military service. The case will be returned to the Board after further development.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. The rating has been granted, but no new evidence or change in condition was presented to warrant a higher rating.

The Veteran's lumbar spine degenerative disc disease has not met the criteria for a higher rating than 10 percent.

The Veteran's death was not caused by any service-connected condition, and the Board finds that no service connection is warranted for cause of death or DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for service connection were denied. The Board found no evidence of a heart disorder, hypertension, or other claimed conditions during service or within one year post-service. Service connection was not granted for any condition.

The Veteran's claims for increased ratings for right iliolumbar ligament strain and back disorder were denied as the evidence did not show that his conditions warranted a rating in excess of 40 percent or 10 percent, respectively.

The Board has determined that the Veteran's current allegations of a fall during active duty and subsequent chronic back pain are not credible. The Board finds service connection for a back disability is denied as there is no evidence linking the current condition to service.

The Board has determined that the Veteran's degenerative joint disease, thoracolumbar spine, had its onset during a period of Active Duty for Training (ACDUTRA) or Indirect Non-Active Duty Training (INACDUTRA), and therefore service connection is granted.

The Veteran's service-connected conditions did not contribute to his death. His COPD and coronary artery disease were not related to military service.

The Veteran's claim for service connection for left leg pain was denied due to failure to report for a scheduled VA examination. The claims for increased ratings of lumbosacral strain and bilateral ankle disabilities were not addressed as the appeal is limited to these issues.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner and attempting to obtain private medical records.