Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his degenerative changes of the lumbar spine was granted, effective December 28, 2007. The temporary total evaluation based upon surgical treatment necessitating convalescence prior to October 28, 2008, was also granted.

The Board is remanding the case for further development, including an aid and attendance examination to determine if the Veteran's service-connected disabilities individually qualify him for SMC at a higher rate.

The Veteran's lumbar spine disability has not resulted in any functional impairment that would warrant a rating higher than the current 10 percent assigned.

The Board has granted a 20 percent disability rating for the Veteran's service-connected back disability, effective from March 16, 2010.

The Board has determined that the Veteran does not have a current disability in his knees and lower back. The claims for hand, wrist, and right shoulder conditions are denied as they do not meet the criteria for service connection.

The Veteran's cervical spine and lumbar spine disorders are currently rated at the minimum non-compensable level due to lack of limitation of motion. The Board finds that a higher rating is not warranted.

The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the cervical spine with cervical canal stenosis and left shoulder myofascial pain is being remanded due to the need for additional development.

The Veteran's back disability, including mild thoracic dextrose scoliosis and pseudoarthrosis of the lumbar spine, is being remanded for further examination to determine if they are related to military service or aggravated by it. The appeal will be reconsidered after this additional development.

The Board found no evidence of a lumbar spine disability incurred or aggravated by service and denied the claim. For ischemic heart disease, the Veteran was not exposed to herbicides during service, so presumptive service connection is not warranted.

The Board has determined that the Veteran's tinnitus claim is granted, but his lumbar spine disability claim is denied as there is no evidence of a nexus to service.

The Board has remanded the case for further development and an opinion regarding the etiology of the Veteran's low back disability, including whether it is related to service-connected stress fractures of the bilateral lower extremities.

The Veteran's current tinnitus was incurred during active service and the Board finds that he is entitled to service connection for this condition. The issues of service connection for a back disability and neurological impairment of the right lower extremity are remanded as they are inextricably intertwined with the issue of service connection for tinnitus.

The Veteran's right femur fracture with associated hip and knee disability is currently rated at 10 percent prior to June 14, 2011. The Board has determined that a 30 percent rating is warranted for the period prior to June 14, 2011 based on significant effects on occupational functioning.

The Veteran's postoperative lumbar microdiscectomy was not productive of the required limitations for a higher rating prior to August 3, 2010 and beginning August 3, 2010. The current disability does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection of a jaw disability and low back disability. The evidence does not support granting these claims.

The Board has determined that the Veteran's left knee, neck, and low back disabilities are not related to service or a service-connected condition. The VA examiner concluded that these conditions were not caused by or aggravated by his service-connected right knee disability.

The Board has determined that further development is needed to determine the relationship between any current back disability and service, including a prior injury during active duty. The Veteran's claim will be remanded for additional examination and opinion.

The Veteran is eligible for a TDIU effective February 3, 2014 due to her service-connected disabilities preventing her from securing or following substantially gainful employment.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional development of her claims.,The Veteran's claim for service connection for residuals of a whiplash injury to the neck and shoulders requires an examination. Her hearing loss claim also needs a new VA examination, as does her TDIU claim due to her lumbar spine disability.,A VA examination is needed to assess the current severity of the Veteran's degenerative arthritis of the lumbar spine. The Veteran testified that her symptoms have worsened since the last evaluation in 2009.,The Veteran's service connection claims for residuals of a whiplash injury and bilateral hearing loss are being remanded, as well as her TDIU claim due to her lumbar spine disability.

The Board has granted service connection for a low back disorder and awarded an initial rating in excess of 30 percent for PTSD. The Veteran's low back disorder is considered to be directly related to his active duty service, while the PTSD claim was adjudicated based on its merits.