Back / lumbar spine Board decisions

The Board has determined that the Veteran's low back disability did not manifest during or as a result of military service and is not etiologically related to his service-connected left hip disability. Therefore, the claim for service connection for a low back disability is denied.

The Board has granted an effective date of November 23, 1998 for the award of special monthly compensation based on the need for aid and attendance of another due to the Veteran's service-connected lower back disability.

The Board has remanded the case for a supplemental opinion regarding secondary service connection for a lumbar spine disability due to right knee disabilities, including as due to limping or an altered gait.

The Board has granted service connection for headaches, allergies, and a low back disability. The Veteran's gynecological problems, joint pain, and dental condition are not currently addressed as they require further development.

The Veteran seeks service connection for a low back disorder, which he claims was caused by physical strain during military service. The VA examiner opined that the condition is less likely related to service due to lack of documented treatment records and injury reports in service. However, the claim must be remanded as the rationale provided does not adequately address these points.

The Board has determined that new and material evidence has been received to reopen service connection for a low back disorder, hypertension, erectile dysfunction, diabetes mellitus, bilateral cataracts with right eye pseudophakia, and peripheral neuropathy. However, the claims are adjudicated as mixed (some issues granted, some not) due to the nature of the reopened claims.

The Veteran's claim for direct service connection for a lumbar spine disorder is granted. However, the Board also considered secondary service connection due to his service-connected pes planus and found that both issues are related.

The Board has granted service connection for depressive disorder NOS. The remaining claims are remanded for additional development.

The Veteran's claims for increased ratings and service connection were granted, with the effective date set at May 12, 2014. The Veteran was awarded service connection for radiculopathy of the right and left lower extremities.

The Board finds that the Veteran's current lumbar spine disability did not start in service and is not etiologically related to his in-service injuries. Therefore, the claim for service connection for a lumbar spine disability is denied.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, and therefore the criteria for a TDIU have not been met.

The Veteran's service-connected right sacroiliac joint arthritis is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board finds that his disability does not meet or approximate criteria warranting a higher rating under any applicable diagnostic code.

The Veteran's lumbar spine DJD was rated at 10% prior to September 29, 2014, and increased to 40% thereafter. The current rating is considered appropriate based on the range of motion findings.

The Board has remanded the case for additional development, including obtaining service treatment records and private medical records. The appellant's claim for service connection for a low back disorder and chronic pain disorder is pending.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's degenerative joint disease of the thoracic spine with low back pain/strain was found to be productive of flexion limited to 70 degrees at worse, but not limited to greater than 30 degree and not greater than 60 degrees. The combined range of motion of the thoracolumbar spine was greater than 120 degrees; however, there were no neurological symptoms related to his condition. As a result, an initial rating in excess of 20 percent prior to September 25, 2010, and of 10 percent from that date is denied.

The Board has remanded the case for additional development, including providing the Veteran's attorney a copy of all adjudication performed and allowing time for response. The claim will be readjudicated after these steps are completed.

The Veteran's cervical and lumbar spine conditions are being remanded for further examination to determine if they were aggravated by a motor vehicle accident on March 25, 1991. The TDIU claim is also inextricably intertwined with the service connection claims.

The Board has determined that it is at least as likely as not that the Veteran's back disorder and acquired psychiatric disorder are etiologically related to his service-connected left elbow and left shoulder disabilities.

The Board has determined that the Veteran's lumbar spine and shoulder disabilities are not related to service, and thus denied these claims.