Back / lumbar spine decisions — 2010

The Board found that the reduction of a 40 percent disability rating for lumbar spondylosis to a 10 percent rating, effective January 1, 2008, was proper based on clinical findings.

The Board has granted service connection for a low back disorder and assigned a 100% evaluation, effective from the date of the decision. The issue regarding an increased evaluation for left shoulder impingement syndrome is remanded.

The Board has remanded the case due to incomplete service records and issues related to basic eligibility for VA compensation benefits. The issue of service connection for a back disorder will be considered after resolving these matters.

The Veteran's claim for an extension of his delimiting date for education assistance benefits was denied as there is no medical evidence showing that the back condition prevented him from enrolling or continuing in college courses.

The Board has remanded the case for additional development, including obtaining medical records and determining if further efforts to obtain a VA spina bifida folder are futile.

The Veteran's service-connected low back disorder does not preclude him from maintaining all types of gainful employment.

The Board denied the Veteran's claims for service connection for headaches, neck pain (claimed as arthritis of the cervical spine and rheumatoid arthritis), mid-back pain and HLA-B27 (also claimed as arthritis of the thoracic spine and rheumatoid arthritis), and ankylosing spondylitis (also claimed as arthritis of the lumbar spine) due to lack of new and material evidence.

The Board has granted the Veteran's claims for service connection for nasal deviation, dry eyes, a neck disability, and a low back disability. The evidence is in relative equipoise as to whether these conditions are related to service.

The Veteran's low back disorder was found to be productive of pronounced intervertebral disk syndrome, warranting a rating in excess of 40 percent. The Veteran also met the criteria for TDIU as her combined disability rating exceeded 60 percent.

The Board found no evidence of a chronic low back disability in service and concluded that the Veteran's current low back disorder is not related to his military service.

The Board has remanded the claims due to inadequate examination and need for additional development.

The Board has remanded the case due to inadequate development of medical evidence regarding whether the Veteran's current low back disorder began during his active duty service.

The Veteran's request for a hearing before the Board of Veterans' Appeals (BVA) has been remanded due to his failure to be afforded a requested video conference hearing. The case is now pending and will be scheduled for such a hearing.

The Veteran's service connection claims for various disabilities, including those related to a right knee disability, are denied as the evidence does not support that these conditions were incurred or aggravated by active service.

The Board has determined that the Veteran's low back disorder is etiologically linked to his period of active service, granting service connection for this condition.

The Veteran's lumbosacral disc disease with osteoarthritis and left leg pain is currently rated at 40 percent, but does not meet the criteria for an increased evaluation.

The Board has ordered additional development due to the need for VA and private medical records that may be relevant to the Veteran's claims.

The Veteran's increased rating claim for his service-connected lumbar spine disability was denied, and the RO found that a higher rating is not warranted. The cervical spine disability claim was also denied as there was no evidence of a direct relationship to military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for orthopedic/neurological examinations to assess his service-connected spine disability and associated sciatica with residual motor weakness of the right leg. The Veteran will also be scheduled for a VA psychiatric examination to determine the current nature and severity of his service-connected adjustment disorder.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected right and left knee disabilities. The effective date of this grant is December 7, 2005.