Back / lumbar spine Board decisions

The Board found that the Veteran does not have a separately ratable neurological abnormality associated with his service-connected lumbar spine disability, other than the already service-connected radicular pain affecting the left leg.

The Veteran's claim for a higher rating for his DDD of the lumbar spine was granted, and he is now receiving TDIU effective July 28, 2009. The Board has also ordered additional development to obtain medical records and conduct an examination.

The Veteran's appeal is being remanded to obtain a new VA examination and to consider the possibility of additional private treatment records. The claim for an increased rating must be reconsidered with consideration of all pertinent evidence and legal authority.

The Board denied service connection for low back, right knee, and left knee disabilities due to lack of evidence showing a nexus between the Veteran's active service and his current disabilities.,The November 2012 VA examination concluded that it was less likely than not that the Veteran's current right knee disability is related to service.

The Veteran's initial and increased ratings for DJD and DDD of the thoracolumbar spine, as well as separate compensable ratings for left and right lower extremity radiculopathy, were denied. The appeal is not about service connection at all.

The Veteran's service connection claims for various disorders are denied as there is no current disability related to the in-service injuries and the claimed conditions have not been shown to be directly related to service.

The Board finds that the Veteran's current low back disability is at least as likely as not related to his service, specifically a strain injury during service. As for the acquired psychiatric disorder, the Board notes diagnoses of major depressive disorder and adjustment disorder with depressed mood but does not reconcile these findings in the March 2015 VA examination report. The Veteran's representative has raised a secondary service connection theory.

The Veteran's appeal is being remanded due to the need for a VA examination to assess the current severity of her service-connected lumbar spine and cervical spine disabilities, as well as any associated neurological impairment.

The Board found that the Veteran's claimed lumbosacral spine disorder, right knee disorder, and bilateral leg disorders are not related to his service. The preponderance of evidence does not support a finding in favor of service connection for these conditions.

The Veteran's appeals for service connection were denied, and the low back disability appeal was withdrawn by his representative. The PTSD claim remains on appeal.

The Veteran's service-connected low back pain and degenerative disc disease have been rated at 60 percent since April 16, 2014.

The Veteran was unable to obtain or maintain substantially gainful employment during the period from April 4, 2009 to May 4, 2011 due to his service-connected low back strain with degenerative disc disease and mild paralysis of the sciatic nerve in the right lower extremity. The Board granted TDIU for this period.

The Veteran meets the percentage requirements for TDIU as he has one service-connected disability rated at 60 percent or more and his combined service-connected disabilities are rated at 90 percent. The evidence demonstrates that the Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board has found new and material evidence to reopen the claim of service connection for a back disorder. The Veteran's current spine disabilities are related to an in-service motor vehicle accident.

The Veteran's claims for bilateral foot, ankle, and low back disabilities were denied as they are not related to service or service-connected conditions.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claims for service connection for a left ankle disorder and lumbar spine disorder. The RO denied these claims in May 2005 and August 2006, respectively, due to lack of evidence showing current residuals or causation during military service.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance (A&A) has been denied as he does not meet the criteria for either benefit.

The Board denied the Veteran's claim for an earlier effective date for the award of service connection for PTSD, as well as his claims for various other disabilities. The Board found that there was no legal merit to these claims.

The Veteran's claim for increased evaluations of his service-connected peripheral neuropathy has been granted, with a rating of 10% for each affected extremity.