Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and arranging for a VA examination to assess the current severity of his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities. The AOJ must also consider whether an extraschedular rating is warranted based on the impact of these disabilities on employment.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to determine if the Veteran's back disorder is related to his military service or any of his service-connected disabilities.

The Veteran's low back disability and radiculopathy of the bilateral lower extremities have been evaluated based on their current manifestations. The claim for increased ratings is denied as the evidence does not show that the disabilities warrant a higher rating at any point.

The Veteran's low back disability and depression have not met the criteria for higher ratings under the applicable rating schedule.

The Board has found that the Veteran's back pain, which began during his service in the Southwest Asia theater of operations, is a manifestation of an undiagnosed illness and thus meets the criteria for service connection.

The Board finds that the Veteran's current low back disability is not related to service, and thus denies his claim for service connection.

The Veteran's cervical spine and lumbar spine disabilities have been rated based on their current manifestations, with the highest rating granted for the cervical spine disability from January 10, 2012. The lumbar spine disability has also received a higher rating.

The Board found that the Veteran's current low back disorder with left lower extremity involvement is not related to his military service and denied his claim for service connection.

The Board denied the Veteran's claims for service connection for low back disability, right leg disability, left hip disability, and headaches as secondary to her service-connected left knee disability. The claim for a rating in excess of 30 percent for left knee disability rated under DC 5257 was also denied as a matter of law.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Veteran's service-connected spine disability renders him unable to obtain or maintain any form of substantially gainful employment consistent with his education, training, and work history since January 2, 2011.

The Veteran's appeal is being remanded due to the need for clarification of the VA spine examination findings and a new VA spine examination.

The Veteran's claims for increased ratings and service connection were denied. The left knee condition was rated at 10 percent prior to January 12, 2011, and in excess of 10 percent thereafter. Bilateral pes planus and low back pain conditions remain at 10 percent.

The Board found no evidence to support the Veteran's claims for service connection for her abnormal heart beat, heart murmur, hypertension, and lumbar spine disability. The preponderance of the evidence is against these claims.

The Board denied service connection for left hip and lumbar spine disabilities, finding that a chronic disability of the left hip has not been demonstrated at any time during the appeal period and that a chronic lumbar spine disability was not evident during service or until many years thereafter and is not shown to have been caused by any in-service event.

The Board has determined that the Veteran's low back disability, characterized as degenerative joint and disc disease of the lumbar spine, is attributable to his active service. The decision grants service connection for this condition.

The Veteran's depression is service-connected as secondary to his asthma and physical pain. His back disorder is also service-connected, with the primary basis being related injuries during Active Duty for Training (ACDUTRA).

The Veteran's lumbosacral strain was initially rated as noncompensable prior to March 25, 2008 and subsequently rated at 20 percent thereafter. The current rating of 20 percent is maintained as the evidence does not show that the Veteran's disability warrants a higher evaluation.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling a VA examination, and issuing a statement of the case on the issues of service connection for low back disability and psychiatric disorder.

The Veteran's PTSD was granted service connection and assigned a 70 percent rating effective September 8, 2009. The Veteran is also entitled to an increased rating for lumbosacral strain with degenerative disc disease from September 18, 2009.