Back / lumbar spine Board decisions

The Board has determined that the Veteran's lumbar spine disability does not warrant a rating higher than 40 percent, as there is no evidence of ankylosis or IVDS causing more than 6 weeks of incapacitating episodes in a 12-month period.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected lumbar spine disability and consideration of his claim for TDIU.

The Veteran's lumbar spine DDD is currently rated at 40 percent, and he is granted TDIU prior to July 25, 2011.

The Board denied the Veteran's claims for higher ratings for his thoracolumbar spine disability and left leg radiculopathy, finding that the evidence did not support a rating in excess of 20 percent. The TDIU appeal was withdrawn by the Veteran.

The Board has determined that there is no evidence of an in-service injury or disease related to the Veteran's cervical and lumbar spine disabilities. As such, service connection for these conditions cannot be established.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and thus grants his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities do not render him unemployable or unable to secure and follow a substantially gainful occupation.

The Veteran's claim for higher levels of SMC based on service-connected disabilities was denied as his conditions do not meet the legal criteria for such benefits.

The Veteran's service-connected lumbar spine disability has not been manifested by unfavorable ankylosis, and the right lower extremity radiculopathy of the femoral and sciatic nerves has not met the criteria for a higher rating. The TDIU issue is denied.

The Board has determined that there is no current diagnosis of radiculopathy of the bilateral lower extremities, and thus service connection for this condition cannot be granted.

The appeal is still not ready to be decided without further development due to the need for a supplemental opinion regarding secondary service connection for low back disability. The TDIU claim remains inextricably intertwined with the low back disability claim.

The Board finds that the Veteran's low back disability had its onset during service and grants service connection for this condition.

The Board has determined that the Veteran's degenerative disc disease and arthritis of the lumbar spine is at least as likely as not aggravated by his service-connected left knee disabilities, and thus grants the claim for service connection.

The Board found that the Veteran's lumbar spine disorder, including spina bifida and arthritis, did not manifest during service or within one year of discharge. The evidence also failed to establish a link between his active service and his bilateral lower extremity radiculopathy. As such, the claims for these conditions were denied.

The Board found that the Veteran's current low back disability is not related to her active service and denied her claim for service connection.

The Board has determined that the Veteran's low back disability, including arthritis and degenerative disc disease, was not incurred during service or due to a service-connected condition. The claim is denied.

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore, denied his claims.

The Board found that the Veteran's current back disability is not related to his period of active service and denied his claim for service connection.

The Board has dismissed the Veteran's claims for service connection for a right eardrum disorder, respiratory disorder, and left elbow and thumb disorders. The remaining issues of service connection for tinnitus, bilateral hearing loss, cervical spine disability, low back disability, increased ratings for the right and left knees, right forearm scar, left cornea scar, and left shoulder disorder are denied.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's service-connected cervical spine disability. The Veteran will be provided with another opportunity to respond after the supplemental statement of the case is issued.