Back / lumbar spine Board decisions

The Board has reopened the claim of service connection for PTSD and remanded the remaining matters (including the underlying service connection for PTSD claim) for further development. The Veteran is entitled to a hearing before a Veterans Law Judge.

The Veteran's DJD and DDD of the lumbar spine were evaluated under the General Rating Formula for Diseases and Injuries of the Spine, resulting in a 20% initial evaluation. The evidence showed limited range of motion with pain on movement.

The Veteran's lumbar spine disability has been rated at 10 percent since May 31, 2007. The current rating is based on the limitation of motion and pain without any additional functional loss due to flare-ups or other factors.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for VA neurological and orthopedic examinations to assess his degenerative disc disease of the lumbar spine with a history of shell fragment wound to Muscle Group XX.

The Board has remanded the case for additional development to obtain service treatment records, provide an examination and opinions regarding the Veteran's lumbar spine disability, left lower extremity radiculopathy, and right knee disability, and address whether his congenital defect incurred a superimposed injury during or due to service.

The Veteran's service-connected disabilities, including his major depression and other psychiatric disorders, have caused him to be unable to obtain and sustain a substantially gainful occupation as of September 11, 2011.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a back disorder. The Veteran's current back disorder is found to be causally or etiologically due to his in-service injury.

The Veteran's claims for an increased rating for his low back disability and TDIU were denied as he failed to appear at a scheduled VA examination, which was necessary to determine the impact of his service-connected condition on his employability.

The Board has remanded the case for additional development, including an examination and opinion regarding whether any low back conditions are related to a reported in-service fall from a ladder. The Veteran's history of gymnastics participation is also to be considered.

The Veteran's claim for increased evaluations for his service-connected lumbar spine disability and associated left leg impairment was denied. The RO assigned a 40 percent evaluation effective January 3, 2006.

The Veteran's cervical spine disability is currently rated at 30 percent, and her lumbar spine disability is currently rated at 20 percent. Both disabilities are denied as the evidence does not show ankylosis or incapacitating episodes that would warrant higher ratings.

The Board has determined that the Veteran's low back disability causes marked interference with employment and warrants an extraschedular rating of 10 percent from April 1, 2008.

The Board has determined that the Veteran's low back disorder is related to his active service and grants service connection for this condition.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated as 40 percent, the bilateral pes planus as 30 percent prior to March 16, 2012, and PTSD as 70 percent thereafter.

The Board finds that the Veteran does not have a current disability of a low back disorder. The evidence shows no diagnosis or treatment for such condition during service and post-service records do not demonstrate any chronicity of this claimed disability.

The Board has remanded the case for additional development, including obtaining service records and medical opinions regarding the Veteran's low back disorder, bilateral hearing loss, bilateral tinnitus, and lung disorder.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities, finding that the evidence did not support a higher rating based on the current manifestations of these conditions.

The Veteran withdrew his appeals for increased evaluations in all three issues before the Board.

The Board has remanded the claims for additional development, including obtaining outstanding medical records and scheduling VA examinations to address the Veteran's knee, back, and hypertension disorders. The Veteran will be provided another opportunity to submit private evidence or authorize VA to obtain it.

The Board has determined that the Veteran's current cervical spine degenerative disc disease with stenosis is related to his military service and grants service connection for this condition.