Back / lumbar spine Board decisions

The Veteran's service-connected disabilities, including bilateral knee and foot conditions and lumbar spine disability, have rendered him unable to secure or follow substantially gainful employment as of June 24, 2011.

The Veteran's appeal is being remanded to obtain additional treatment records and to schedule him for VA examinations to assess the severity of his service-connected lumbar spine and bilateral lower extremity disabilities.

The Board has decided that the claims of entitlement to service connection for right ankle, bilateral knee, bilateral foot, and back disabilities must be remanded due to the need for additional development.

The Board has ordered a new VA examination and requested additional National Guard records to determine if the Veteran's current low back disability is related to his active military service.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by active service and may not be presumed to have been incurred or aggravated in service. The claim for service connection for upper/lower back disability and bilateral knee disability is addressed in the REMAND portion of the decision.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for heart disease, including arteriosclerotic cardiovascular disease with paroxysmal tachycardia arrthymia (previously characterized as tachycardia), back disability, and bilateral hip disability. However, these claims are still denied on their merits.

The Board denied service connection for bilateral hearing loss and lumbar spine and left hip disabilities, finding that the Veteran did not have a current diagnosis of these conditions at any point during or prior to the pendency of his claims. The Board also found that there was no evidence linking these disabilities to service.

The reduction of the evaluation for DDD of the lumbar spine from 20 percent to zero percent, effective October 1, 2012, was not proper as the evidence did not reflect improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's claims for increased evaluations of his service-connected depression, spondylosis deformans of the lumbar spine, and radiculopathy of both lower extremities have all been denied. The Veteran is currently receiving the maximum available ratings for these conditions.

The Veteran's claim for an increased evaluation of his recurrent low back strain was denied. The Board found that the evidence did not support a rating in excess of 40 percent, as there is no evidence of forward flexion of the thoracolumbar spine of 30 degrees or less, nor unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of all pending appeals by the Veteran.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including consideration of whether separate ratings should be assigned for radiculopathy.

The Board has remanded the case for further development, including obtaining a medical examination and opinion to address the Veteran's claims of service connection for various conditions.

The Veteran's service-connected disabilities result in an impairment of his ability to retain employment consistent with his abilities, aptitudes, and interests. The evidence shows that a MBA degree is necessary for the Veteran to remain employed at his current position.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's current neck disorder is related to service, including injuries sustained during his year of service in Vietnam. The appeal will be readjudicated after obtaining this opinion.

The Board found that the Appellant's low back and bilateral foot disorders are not causally or etiologically due to service, thus denying her claims for service connection.

The Board has determined that the appellant lacks qualifying service with the Armed Forces and is ineligible for any award of VA compensation benefits, including reopening a service connection claim for an acquired psychiatric disorder. Service connection claims for hypertension, lumbar spine disability, and neuropathy of the lower extremities are also denied as a matter of law.

The Board denied the Veteran's claims for service connection for bilateral knee, hip, back, and ankle disorders as secondary to his service-connected bilateral pes planus.

The Board denied service connection for depression and granted a 20% rating for the Veteran's lumbar spine disability. The issue of TDIU is being remanded.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 40 percent, and the Board finds that an extraschedular rating is not warranted.