Back / lumbar spine Board decisions

The Board has determined that the Veteran does not have a current disability of the lumbar spine, cervical spine, right shoulder, left shoulder, or left lower extremity that is related to his active military service.

The Veteran's claims for higher evaluations and TDIU were denied. The Board found that the evidence did not support an evaluation in excess of 40 percent for DDD L4-5, L5-S1; a separate 20 percent rating for left leg radiculopathy prior to October 1, 2010, and a separate 10 percent rating thereafter; or a TDIU based on his service-connected disabilities.

The Veteran's low back disability rating was restored to a 40 percent level effective April 1, 2009. The RO found the reduction of the rating from 40 percent to 10 percent in January 2009 was improper due to an inadequate examination.

The Board has determined that the Veteran does not have residuals of right-sided facial burns or a low back disability that are service-connected. The evidence does not establish current disabilities for which service connection can be considered.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbar spine disability and associated radiculopathy. The initial ratings assigned for these conditions remain under review.

The Veteran's service-connected low back strain is currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's lumbar spine disability did not meet the criteria for an evaluation in excess of 20 percent from May 23, 2008 to February 4, 2014.

The Veteran's claim for increased ratings for his lumbar spine disability and service connection for a left knee disability is denied. The Veteran's lumbar spine disability was rated as 20 percent prior to November 17, 2014 and 40 percent thereafter, which the Board found not sufficient to warrant higher ratings. Service connection for a left knee disability was granted.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain with herniated disc T11 - T12.,The issue of whether new and material evidence has been received to reopen the right knee disability claim is granted.

The Veteran's tinnitus was granted service connection. The claims for bilateral hearing disability, respiratory disorder, and lower back disability are remanded.

The Board has decided the case on remand and will consider it de novo. The Veteran contends that her current back condition is related to an injury she sustained in service, but a VA examination did not address this claim adequately.

The Board has determined that the evidence is in equipoise regarding whether hepatitis C was incurred during service, and thus grants entitlement to service connection for hepatitis C. The low back disability issue requires additional development as there are conflicting opinions on its etiology.

The Board has granted the Veteran's claim to reopen his service connection for a low back disability and arthritis of multiple joints. The underlying claims, including those regarding a rating in excess of 10 percent for scars, status post right shoulder surgery, are addressed in the REMAND portion of this decision.

The Veteran has withdrawn their appeals regarding the issues of service connection for a cervical spine disability, including as secondary to service-connected lumbosacral spine and right leg disabilities, and an increased disability rating in excess of 40 percent for scoliosis of the lumbosacral spine with strain.

The Board has determined that a rating of 40 percent should be assigned for the Veteran's low back disability beginning from May 19, 2009. The effective date was granted based on new evidence received in connection with his claim for increase filed on May 19, 2009.

The Board has remanded the case for further development to assess whether the Veteran's low back disability and hypertension are related to service, including considering exposure to environmental factors during service in Southwest Asia.

The case is being remanded for further examination and clarification of the Veteran's service-connected low back disability, including any associated neurological impairment.

The Board has determined that a low back disability characterized as degenerative disc and joint disease of the lumbar spine was incurred in active service.

The Veteran's sarcoidosis was found to have its inception during his period of active service, and he is granted service connection for this condition.,His claim for a low back disability was reopened due to the submission of new evidence that relates to an unestablished fact (the continuity of symptomatology since service).

The Veteran's appeal regarding an initial rating in excess of 30 percent prior to August 28, 2014, for PTSD has been withdrawn. The Board dismissed the appeal as a result.