Back / lumbar spine Board decisions

The Board denied a higher disability rating for lumbosacral strain, finding that the Veteran's condition did not meet criteria for a higher rating based on symptoms such as pain and stiffness but without ankylosis or other severe functional impairment.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's current low back disability, including consideration of lay assertions and service treatment records. The claim will be remanded for this purpose.

The Board has remanded the case due to incomplete medical records and requests for additional information. The Veteran's claim for service connection for a low back disability, including arthritis and sacroiliac joint pain as secondary to her service-connected bilateral knee condition, is pending.

The Veteran's claim for higher evaluations for his service-connected lumbar spine disability was granted, with a rating of 40 percent effective April 15, 2014. The decision also addressed claims for bilateral knee and ankle disorders but did not take action on them.

The Veteran's initial evaluations for his back disability were granted at 20 percent effective from July 30, 2014. The Board found that the evidence did not support a higher evaluation prior to this date.

The Board has found that the VA examination reports are deficient and requires additional development, including obtaining an addendum opinion regarding the Veteran's right ankle disorder. The claims for service connection will be remanded to allow for this development.

The Veteran's lumbosacral and cervical spine conditions, as well as his bilateral knee injuries with chondromalacia, are currently rated at the lowest possible initial disability ratings of 10 percent. The Board finds that these disabilities do not warrant a higher rating based on the evidence provided.

The Board denied the Veteran's claims for service connection for left ear hearing loss and a lumbar spine disorder, finding that there was no evidence to support these claims.

The Veteran withdrew his appeal on the issues of entitlement to service connection for neck and back disabilities prior to a decision being made.

The Board has granted a 40 percent rating for the Veteran's spine disability, effective December 4, 2013. The Veteran's claim for service connection for bladder cancer is pending and will be addressed in a separate decision.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's lumbar spine disability and his active service. The Veteran needs a new VA examination to provide a clear opinion on this issue.

The Veteran's lumbar spine disability, with consideration of additional functional loss due to pain during flare-ups, more closely approximates forward flexion to less than 30 degrees. Incapacitating episodes of IVDS are not shown.

The Veteran's lumbar spine disability is rated at 40 percent since January 24, 2013. The rating was denied as the evidence did not meet the criteria for a higher evaluation.

The Board granted an initial rating of 20 percent for cervical spondylosis since November 18, 2004 and denied a higher schedular rating. The extraschedular ratings were also denied. A TDIU rating was granted.

The Veteran's claim of entitlement to disability compensation pursuant to 38 U.S.C.A. § 1151 for xerostomia has been rendered moot due to the grant of service connection, and thus is dismissed. The TMJ disability is found to be secondary to his service-connected tinnitus. The thoracolumbar spine disability with sciatica does not meet the criteria for service connection.

The Board found that the Veteran's current low back disability, including degenerative arthritis and disc disease, is not related to his service. The evidence does not show a chronic or continuous symptomatology of a low back disability during active service or continuously since service separation.

The Board has granted service connection for arthritis of the cervical and thoracolumbar spine, finding that the Veteran's current disabilities are due to injuries sustained during combat in Vietnam. The Board also found continuity of symptoms since service separation.

The Veteran's claim for increased ratings for degenerative disc disease of the thoracolumbar spine is being remanded due to the need for consideration of an extra-schedular evaluation based on evidence showing significant limitations not contemplated by range of motion testing.

The Board granted an effective date of June 19, 2008 for the award of SMC based on need for aid and attendance due to service-connected disabilities. The Veteran's claim was pending since December 17, 2001.

The Board has remanded the claims for additional development, including obtaining a VA examination to address the etiology of the low back disability and current severity of the left ear disability. The Veteran's request for a video conference hearing is also being addressed.