Back / lumbar spine Board decisions

The Board is remanding the case for a new VA examination or medical opinion to address whether the Veteran's low back disability and associated radiculopathy are related to service, specifically his in-service injury. The AOJ should attempt to obtain private treatment records from the Veteran.

The appeal has been withdrawn by the Veteran's representative, resulting in its dismissal.

The Board has determined that the Veteran's low back disability and bilateral lower extremity neurological disability are service connected, with the latter being secondary to his now service-connected lumbar spine DJD.

The Veteran's service-connected degenerative disc disease of the cervical spine is currently rated at 20 percent, effective January 14, 2010. The noncompensable rating for migraines and cervicogenic headaches remains in effect since January 14, 2010.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's left ear hearing loss, lumbar spine disorder, and bilateral knee disorder. The appeal is being remanded for these purposes.

The Veteran has withdrawn all issues on appeal, specifically referencing his claims relating to the left ankle, back, knees, warts, lipomas, left elbow, and GERD.

The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating without considering the provisions of 38 C.F.R. § 3.344, which governs reductions in ratings that have been in place for more than five years. The Board has restored the 30 percent rating effective June 1, 2011.

The Veteran's hypertension and low back disability claims are remanded for further development, including obtaining medical opinions on the etiology of his conditions. The cervical spine rating claim is also remanded for a new examination to assess current severity.

The Board has determined that the evidence is in equipoise as to whether the Veteran's right shoulder disability is related to service, and thus grants service connection for a right shoulder disability.

The Veteran's right shoulder disorder is found to be service-connected. The Board also finds that the Veteran has a lumbar spine disorder and right and left leg disorders which are related to his service-connected post-operative residuals of a fracture of the right pelvis and right femur.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's low back disability was denied service connection due to lack of evidence linking the condition to his military service.,Service connection for left inguinal hernia and hernia scar was granted, with initial ratings of 10% each.

The Veteran's service-connected low back degenerative arthritis is currently rated at 40 percent effective July 30, 2014.

The Board found that the Veteran's claimed cervical spine, back, left knee, and right wrist disorders did not have their onset during active duty service or are related to such service. The Veteran's headaches were also not linked to his military service.

The Board found that there is no evidence of a back injury during service and denied the Veteran's claim for service connection for residuals of a low back injury.,There is also insufficient evidence to establish service connection for pulmonary fibrosis, as the preponderance of the evidence does not support a finding that it was incurred in or aggravated by service.

The Veteran's service-connected left lower extremity radiculopathy and IVDS of the lumbar spine are rated at 20 percent and 40 percent, respectively. The Board has determined that an extra-schedular rating is not warranted for either condition.

The Board found no evidence of a low back disability during active duty service and denied the Veteran's claim for service connection.

The Board finds that the Veteran does not have a current disability manifested as a scar behind the right ear. However, he is entitled to service connection for burn scars of the back, shoulders, and hips due to an in-service injury incurred during ACDUTRA.

The Board found the VA opinions more probative and concluded that the Veteran's current low back disability is not related to his in-service injury, thus denying service connection.

As of July 28, 2015, the Veteran's service-connected disabilities have resulted in unemployability due to his anxiety disorder and lumbar spine osteoarthritis.