Back / lumbar spine Board decisions

The Board found that the Veteran's current lower back condition is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective May 21, 2010. The left lower extremity radiculopathy and right ear hearing loss were both rated at the minimum compensable level.

The Board has determined that the Veteran's current bilateral knee, hip, shoulder, and low back disorders are related to his in-service femur fractures.

The Veteran's claims of entitlement to service connection for bilateral shoulder, hand, cervical spine, and lumbar spine disabilities have been remanded due to inadequate opinions in the prior VA examination reports. Additional development is required.

The Board has determined that further development is needed to determine the etiology of the Veteran's back disability and whether service connection should be granted. The case will be remanded for additional examination and review.

The Veteran's service-connected lumbar spine disability has rendered him unable to secure or maintain substantially gainful employment consistent with his education and work history.

The Veteran's low back disability is currently rated at 10 percent, and the Board has granted this rating. The claim for allergic rhinitis remains pending as it was remanded.

The Veteran's claims for increased ratings for low back disorder and left lower extremity radiculopathy are being remanded due to the need to obtain additional medical records.

The Board dismissed the motion claiming clear and unmistakable error in the August 1974 and May 1986 rating decisions denying service connection for a back disability, finding that the appellant did not provide specific reasons as to why any alleged error was outcome-determinative.

The Veteran's appeal for increased ratings for left wrist disability and back disability has been denied as there is no evidence to support higher ratings under applicable Diagnostic Codes.,Service connection for bilateral hearing loss, gastrointestinal disorder, and headaches have not been addressed.

The Veteran's appeal for an increased rating and CUE claim were both denied. The initial 10 percent evaluation was upheld, as the evidence did not support a higher rating under the old criteria.

The Board has remanded the claim for a new VA examination to determine if the Veteran's low back disability is related to his service. The examiner must consider the Veteran's reports of ongoing back pain since an in-service injury and provide a rationale for their opinion.

The Board has granted a 20 percent rating for the Veteran's low back disability effective from October 21, 2014. The decision also addressed other issues including TDIU and radiculopathy ratings.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that she was not entitled to higher ratings based on her flare-ups and loss of motion.

The Board denied service connection for the Veteran's claimed right elbow, right shoulder, and bilateral knee disabilities as they are not related to his active duty service.

The Veteran's service-connected disabilities prior to September 5, 2013 were rated at a combined 90 percent. Considering the totality of his service-connected conditions and their impact on his ability to work, these disabilities rendered him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's low back disability was not incurred in service and is not shown to be related to any inservice event. Service connection for a low back disorder was denied.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 20 percent, effective September 9, 2015. A separate rating for right lower extremity sciatic radiculopathy and left lower extremity sciatic radiculopathy as neurological manifestations of the service connected low back disability are also warranted.