Back / lumbar spine Board decisions

The Veteran's chronic low back pain was evaluated at a 20 percent rating from May 10, 2005, to August 23, 2007.

The Veteran's claim for an initial evaluation in excess of 20 percent from November 1, 2008 to June 28, 2014 and in excess of 40 percent thereafter for a lumbar strain was denied.

The Board has granted the Veteran's claim for a TDIU, finding that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board has remanded the case for a new examination to assess the nature and likely etiology of the Veteran's claimed low back disability. The examiner is asked to clarify whether the Veteran's chronic myofascial lumbar pain pre-existed her service from August 2005 to August 2010, if so, whether it was aggravated during that period, and if not, whether it is otherwise related to her service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and the preponderance of evidence is against his claim for TDIU.

The Veteran's service-connected disabilities, including ischemic heart disease and diabetes mellitus type II with nephropathy, have been linked to several of his current conditions. The Board has granted secondary service connection for these conditions.

The Board has determined that the Veteran's current low back disability was incurred during her active duty service and granted her claim for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for respiratory problems, thoracolumbar myositis and disc bulge, a skin rash, and an adjustment disorder with mixed anxiety and depressed mood. The decision is mixed as some issues have been granted while others remain pending.

The Board has determined that the Veteran's sleep apnea is attributable to his military service and grants service connection for this disability.

The Veteran's lumbar spine disability was initially evaluated as 10 percent disabling from February 1, 2009 to April 7, 2014. Since April 8, 2014, the disability has been rated at 40 percent. The Board found that both evaluations were appropriate based on the evidence of record.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any low back disorder, to include left lower extremity radiculopathy. The Veteran's service connection claim will be reconsidered after this additional development.

The Veteran's claim for an increased rating for bilateral pes planus was denied, as the evidence did not meet the criteria for a higher rating. The claims for service connection for scars of the elbows and knees and recurrent neck pain were also denied.

The Veteran's appeal is being remanded due to the need for additional medical examinations and development of his claims, including those related to TBI, back disability, and bilateral knee disabilities.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records from Cherry Point Naval Hospital in North Carolina. A VA examination is also required to determine if the Veteran's current low back disorders are related to his active military service.

The Veteran's claim for a right knee disability was denied as there is no current evidence of such a condition.,New and material evidence has not been received to reopen the claims for left shoulder, upper back, and right great toe disabilities.,Service connection for an upper back disability was previously denied due to lack of evidence of a chronic disability at the time of the April 2003 rating decision.

The Board has restored the Veteran's 20 percent rating for his service-connected degenerative disc disease of the lumbar spine and intervertebral disc syndrome with sciatic nerve involvement, effective October 2, 2012. The appeal for a higher rating remains pending.

The Board has ordered additional development of the Veteran's claims for service connection for various disabilities, including left shoulder, thigh, low back, and hip disabilities. The case is being remanded to allow for a thorough review of VA treatment records.

The Board has determined that the Veteran's preexisting thoracolumbar spine scoliosis was aggravated by service, warranting service connection.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that the Veteran's current low back disability is not related to her service or to any service-connected condition. The claim for service connection was therefore denied.