Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for a Board hearing. The issues include service connection claims for various disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher rating as there are no ankylosis or incapacitating episodes of bed rest prescribed by a physician.

The Board has remanded the case for additional development, including scheduling a Decision Review Officer hearing and issuing a supplemental statement of the case on the reduction rating issue. The Veteran's claims will be readjudicated following these actions.

The Veteran's service-connected lumbar spine disability has not more nearly approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. As a result, the Veteran's claim for a disability rating in excess of 10 percent is denied.

The Veteran's claims for increased ratings and service connection were denied. The right knee condition was not found to warrant a higher rating, while the other issues did not meet the criteria for service connection.

The Veteran's claims for increased ratings for her degenerative disc disease at L4 to S1, left shoulder disability, and left hip disability were denied. The evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has remanded the case to the RO for a new examination to determine the current severity of the Veteran's service-connected lumbosacral strain, with particular attention to how flare-ups affect his range of motion and ability to function.

The Veteran's claims for service connection for COPD and a higher rating for his lumbar spine disability were granted. The lumbar spine disability is currently rated at 10 percent.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active military service and is therefore denied.

The Veteran's service-connected disabilities, including PTSD and tinnitus, resulted in unemployability prior to November 10, 2004. The effective date for the TDIU is set at that date.

The Board finds that the Veteran's current back disability is related to his active service and service-connected disabilities, resolving all reasonable doubt in favor of the Veteran.

The Veteran's service-connected disabilities do not result in an inability to obtain or maintain substantially gainful employment.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds no evidence to warrant a higher rating.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, as well as his claim to reopen his claims for hepatitis C and PTSD. The Board found that new and material evidence had not been submitted in these cases.

The Board has reopened the Veteran's claim for service connection for low back pain and low back condition, finding that new and material evidence has been received. The Board also granted service connection for lumbar spondylosis, concluding that the evidence is at least evenly balanced as to whether the current disability is related to service.

The Board has determined that the Veteran's current cervical spine degenerative disc disease, right shoulder strain, and left shoulder strain first manifested during active service. The claims are therefore granted.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA and private treatment records, scheduling a VA examination, and readjudicating the issues of increased rating for thoracolumbar spine degenerative disc disease and TDIU.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has granted service connection for erectile dysfunction, finding that it is related to the Veteran's in-service treatment for narcolepsy.

The Board has reopened the claim for service connection for a back disability due to new and material evidence. However, further examination is needed before the merits of the claim can be decided.