Back / lumbar spine Board decisions

The Board has vacated the June 2016 decision addressing increased ratings for back injury with degenerative disc disease and left sciatic radiculopathy due to an incorrect representation. The Veteran's lumbar spine disability does not meet criteria for a higher rating as it does not approximate unfavorable ankylosis of the entire thoracolumbar spine or entire spine, nor do his left lower extremity symptoms warrant a higher rating.

The Board denied service connection for migraine headaches, athlete's foot, and low back disability due to lack of evidence linking these conditions to service.

The Board has determined that the Veteran's service-connected back disability is related to his active duty service, and thus grants the claim for service connection.

The Board found that the Veteran's claimed foot, ankle and knee disorders were not incurred in or aggravated by service. They may not be presumed to have been so incurred.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and radiculopathy of the lower left extremity were denied. The Board found that a rating in excess of 60 percent was not warranted for the lumbar spine disability, as there was no evidence of ankylosis. For the radiculopathy claim, the Veteran's current 20% rating was upheld.

The Board has remanded the case due to inadequate opinion regarding whether the cervical spine disability is aggravated by the service-connected low back disability, or if it is otherwise related to service.

The Board has determined that the Veteran's current low back disorders, diagnosed as degenerative disc disease and thoracolumbar strain, are of service origin.,The Board has also determined that the Veteran's current right knee disorder, diagnosed as internal derangement of the right knee, is of service origin.

The Veteran's right shoulder disability was reduced from 20% to 10%, effective August 1, 2014. The reduction was proper as the condition did not improve such that a higher rating would be warranted.

The Veteran's cervical spine disability is rated at 30 percent for the entire period covered by this claim, effective from July 29, 2013. The rating includes a separate compensable rating of 20 percent for RUE radiculopathy associated with the service-connected cervical spine disability prior to July 29, 2013.

The Board finds that the Veteran's current low back disability, including DDD with nerve root compression, spondylolisthesis, and residuals of an L1 fracture, is not related to his service. The September 1970 injury resolved without residual issues, and there is no evidence linking the current condition to service.

The Board has granted service connection for the Veteran's right knee disorder, back disorder, and left foot plantar fasciitis. The initial disability ratings assigned are as follows: a non-compensable rating for IBS and a 10 percent rating for right ankle sprain with tendonitis and right talus cyst.

The Board found that the Veteran did not have continuous or recurrent symptoms of a back disability during service and did not develop arthritis within one year after separation. The claim is denied as there is no evidence linking the current back disability to active service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lower back disorder and its relationship to service. A new VA examination is required.

The Veteran's claims for increased rating, service connection, and TDIU were denied. The Board found that the evidence did not support a higher rating for his lumbar spine disability prior to October 26, 2011, or after October 27, 2011.

The Board has determined that the Veteran's current low back disability did not manifest during or as a result of military service and therefore, denied his claim for service connection.

The Veteran's appeal is being remanded for scheduling a videoconference hearing. The issues include initial disability ratings and service connection claims.

The Board has determined that the Veteran's lumbar degenerative joint disease and depression are not service connected. The Board found no evidence linking these conditions to her military service.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's low back disorder is caused by or permanently aggravated by her service-connected left knee and left hip disabilities.

The Board has determined that the Veteran does not have a current low back disorder or heart disorder related to his active military service. The evidence does not support a finding of service connection for these conditions.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his bilateral knee disabilities, nature and etiology of any low back and bilateral hip disabilities, and whether he is unemployable due to service-connected disabilities.