Back / lumbar spine Board decisions

The Veteran's service connection claim for residuals of injury to the lumbar spine, including arthritis and intervertebral disc syndrome, is granted as his current condition is found to be at least as likely as not caused by an inservice fall.

The Board has remanded the case for further development, including obtaining SSA records and providing a supplemental opinion from an appropriate examiner regarding the Veteran's COPD and back disability claims.

The Board has withdrawn the claims of entitlement to service connection for chronic sinusitis and low back disability due to a request by the Veteran's representative. The Veteran is found to have irritable bowel syndrome, which was incurred in military service and is considered a qualifying chronic disability under Persian Gulf War criteria. Neurological symptoms in both upper and lower extremities are also considered as an undiagnosed illness related to military service.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective October 1, 2006. The cervical spine disability was previously rated at 10 percent prior to November 17, 2011 and now rated at 20 percent since that date.

The Veteran's back, right knee, and left knee disabilities have been rated at the lowest possible initial disability ratings of 10% since January 23, 2008. The Board has determined that these ratings are appropriate based on the evidence provided.

The Veteran's service-connected cervical spine disability resulted in a temporary total disability rating for convalescence from January 9, 2002 to April 4, 2002. The Veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Board found that the Veteran's low back disorder did not originate during his military service and could not be presumed to have been incurred due to exposure to Agent Orange or other known risk factors. The preponderance of evidence does not support a finding that the current condition is related to his service.

The Board has determined that the Veteran's low back disability is not related to service and is unrelated to his service-connected knee disabilities, thus denying service connection for a low back disability.

The Board has ordered the Veteran's VA medical records from West Palm Beach to be obtained, and if found, will request an addendum opinion from a 2012 VA examiner regarding whether his low back disability is related to service. The case will then be returned for further review.

The Veteran's right ankle disability, including instability with recurrent sprains and DJD, is granted as service connected. The other conditions are not found to be related to service.

The Board has denied the Veteran's claims for service connection for left shoulder, back, and left leg disabilities as they are not related to active military service.

The Board has granted service connection for a skin disability, but denied the remaining issues on appeal. The Veteran's skin disability is presumed to be due to herbicide exposure in Vietnam.

The Veteran's claims for increased ratings were denied. The Board found that his service-connected back condition, spondylosis, degenerative disease associated with scar did not meet the criteria for a rating in excess of 20 percent. His right and left lower extremity radiculopathy were each rated at 10 percent prior to September 16, 2009, but no higher. The Veteran's service-connected left carpal tunnel syndrome was also rated at 10 percent.

The Veteran's appeal for an initial compensable rating for left knee disability has been withdrawn. The remaining issues of increased ratings for hepatitis C, sinusitis, and degenerative disc disease of the lumbosacral spine are being remanded.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, scheduling examinations, and issuing a supplemental statement of the case.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and issuing a Statement of the Case.

The Board found that the Veteran does not have a current diagnosis of any of the claimed conditions and thus denied service connection for all issues.

The Board denied the Veteran's claims of service connection for right upper extremity disability, bilateral hearing loss, left upper extremity disability, cervical spine disability, lumbar spine disability, right knee disability, and left knee strain. The Veteran was also denied a compensable rating for his left axillary adenopathy with rhomboid spasm.

The Board found no evidence linking the current low back disability to service, and denied service connection for a low back disability. The Veteran's bilateral hearing loss is related to in-service noise exposure, but the tinnitus claim cannot be adjudicated without addressing the relationship between the hearing loss and tinnitus.

The Veteran's claims for clothing allowance for back brace and left knee brace in 2014 and 2015 were denied as the braces are not of a type that tends to wear or tear clothing, and thus do not qualify for a clothing allowance.