Back / lumbar spine decisions — 2010

The Veteran's service-connected disabilities render him unemployable, and the case is remanded for further development including a VA examination to determine his ability to obtain and maintain employment.

The Veteran's lumbar spine disability is currently rated at 40 percent effective October 29, 2008. The next higher rating of 50 percent for unfavorable ankylosis of the entire thoracolumbar spine does not apply as there is no evidence of such.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection, but it is not sufficient to establish service connection as his back condition was not shown during service.

The Veteran's lumbar disc disease does not meet the criteria for a higher disability evaluation, as it does not result in limitation of forward flexion to 30 degrees or less, nor does it involve favorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's combined disability rating is 50%, which does not meet the statutory requirements for a TDIU claim. The Board finds that his service-connected disabilities do not render him unemployable.

The Board found that the reduction of the Veteran's disability rating from 40% to 20% for his low back disability was proper, as it had been in effect for less than five years and there was improvement evidenced by an examination.

The Board has determined that the Veteran's migraine headaches and low back disability were not incurred or aggravated in service, while her glaucoma is not shown to be related to service.

The Board found that the Veteran's low back disability is not causally or etiologically related to his active duty service and denied the claim.

The Veteran's claim for TDIU is being remanded due to the need for an appropriate VA examination to assess the combined effect of his service-connected disabilities on his employability.

The Board found that the Veteran's service-connected lumbosacral strain with limitation of motion does not meet or approximate the criteria for a rating in excess of 20 percent.

The Board found no evidence of a chronic low back disability in service and denied the claim as the Veteran's current low back disability is not related to his active duty.

The Board denied the veteran's claims for service connection for a right shoulder disability and degenerative disease, lumbar and lower thoracic spine due to lack of current disabilities and no etiological relationship.

The Veteran withdrew his claim of entitlement to service connection for a cervical spine disability prior to the Board's decision. The low back pain issue remains under consideration.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective November 10, 2003. The evidence does not support a higher rating during this period.

The Board finds that the Veteran's degenerative disc disease of the lumbar spine was incurred in service and grants service connection for this condition.

The Board has remanded the case due to new evidence received from Social Security Administration (SSA) and the need to obtain relevant medical records.

After reviewing all evidence, including VA examinations and private medical opinions, the Board finds no clear and unmistakable evidence to rebut the presumption of soundness at service entrance. The Veteran's reported knee, low back, and hip disorders are not shown to be related to his military service or a service-connected condition.

The Board has reopened the Veteran's claim for service connection for a back disorder and remanded it to the RO for further development. The Veteran must provide information about any medical providers who have treated him for his back disorder since service.

The Veteran's low back disability is found to be related to his active service, and he is granted service connection for this condition. His bilateral knee and ankle disabilities are not found to be related to his active service.