Back / lumbar spine Board decisions

The Veteran's increased ratings for cervical and lumbar spine disabilities were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has decided to remand the case for a new VA examination and opinion regarding whether the Veteran's current lower back disorder is related to his service-connected left knee disorder.

The Veteran's thoracolumbar spine DJD has been manifested by forward flexion limited to no less than 70 degrees, including as a result of pain during repetitive motion. The medical does not reflect any additional functional limitation due to pain or similar symptoms on repeated use or during flare-ups; nor does the evidence reflect that the service-connected disability is manifested by ankylosis or intervertebral disc syndrome (IVDS) with incapacitating episodes. Therefore, the criteria for a higher rating are not met.

The Veteran's lumbosacral strain was rated at 10 percent prior to March 18, 2015 and increased to 20 percent thereafter.

The Board has remanded the Veteran's claims for further evidentiary development, including obtaining VA treatment records and scheduling a VA examination. The claims will be reviewed again after these developments are completed.

The Board found that the Veteran's low back disability, hemorrhoids, and irritable bowel syndrome are not related to service. The evidence did not establish a nexus between these conditions and his military service.

The Veteran's back condition, prior to May 25, 2010, warrants a rating of 40 percent due to symptoms including pain, stiffness, weakness, and severe flare-ups resulting in abnormal gait or spinal contour.

The Veteran's appeal is remanded to secure compliance with VA's duty to assist in substantiating his claims for service connection for bilateral hearing loss and a low back disability. A new VA examination is required for both issues.

The Veteran's current cervical spine degenerative disc disease/degenerative joint disease is found to be etiologically related to his combat service in Vietnam. The right and left shoulder disorders are pending as the VA examination has not yet been conducted.

The Veteran's lumbar spine and left hip conditions are not considered service-connected due to lack of evidence showing they were incurred or aggravated during his military service.

The Board has determined that the Veteran does not have a current sinusitis disability and finds that his statements regarding this condition are less credible. The evidence of record is against a finding that he had such a disability during service or since then.,Evidence received since the September 1997 RO decision, which denied service connection for a back injury, raises a reasonable possibility of substantiating the claim of entitlement to service connection for a back disability. Therefore, the claim is reopened.

The Veteran's claims for service connection for traumatic brain injury residuals, posttraumatic stress disorder, patellofemoral syndrome (right knee), and lumbar strain were denied. The Board found that the Veteran does not have current residuals of a TBI.

The Board has determined that additional VA examinations and medical records are needed to determine the etiology of the Veteran's spine, respiratory, and sleep apnea disabilities. The case is therefore being remanded for these purposes.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing and the need to issue statements of the case for two issues.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a lumbar spine disorder. However, the Veteran's lumbar spine disorder is not shown to be related to his military service.

The Board has reopened the Veteran's claim for service connection for a low back disability based on receipt of new and material evidence. Service connection is granted for hypertension as it was incurred in service, with continuity of symptomatology post-service. The claim for sleep apnea is denied as there is no evidence that the condition began during or was aggravated by service.

The Veteran's low back disability was rated at 10 percent from May 14, 1999 to September 23, 2002. From September 26, 2003, the rating increased to 40 percent.

The Board has remanded the case for additional efforts to notify the Veteran of his requested Travel Board hearing at his previous home addresses.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and TDIU. The case is being remanded to obtain relevant medical records, including from a chiropractor in Cornell, Wisconsin, and any workers' compensation records.

The Board denied the Veteran's claims for service connection for a back disorder and for a temporary total rating following back surgery in April 2009, finding that there was no credible evidence of an in-service injury or continuity of symptomatology since service.