Back / lumbar spine Board decisions

The Board has denied the Veteran's claim for service connection for a low back disability, to include bilateral lower extremity radiculopathy, finding that there is no evidence of an in-service injury or disease and insufficient medical evidence linking his current condition to service.

The Veteran's claims for increased ratings for lumbosacral strain and neurological manifestations of the left and right lower extremities are being remanded due to the need for additional examinations and development.

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

The Veteran's low back strain with degenerative changes and radiculopathy of the lower extremities have been rated at 40 percent since March 4, 2008. The rating is based on direct service connection without any presumption or secondary theory.

The Board denied the Veteran's increased rating claims for his lumbar spine disability and left/right lower extremity radiculopathy, as well as his claim for TDIU. The Veteran's lumbar spine disability is currently rated at 20 percent disabling.

The Veteran's back disorder, diagnosed as multilevel degenerative changes of the lumbar spine status post lumbar fusion, is etiologically related to in-service injuries consistent with his combat service in Southwest Asia. As a result, the Board has granted service connection for this condition.

The Veteran's claim for an earlier effective date for TDIU is granted, with the effective date set at May 20, 2004. The Veteran was found to be unemployable due to service-connected disabilities as of that date.

The Board found that the Veteran's hospitalization was primarily for a nonservice-connected condition, and her service-connected back disabilities did not contribute to the length of her hospital stay.

The Board denied the Veteran's claims of entitlement to service connection for right knee disability, right shoulder disability, and low back disability. The Board found that there was no evidence of a chronic condition in service or post-service continuity of symptomatology.

The Board has determined that the VA examinations of record are inadequate to properly adjudicate this matter. The Veteran's low back disability is being remanded for further development and consideration.

The Board has determined that there is no evidence to support the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for cervical myelopathy and degenerative disc and joint disease of the lumbar spine as a result of the December 2004 VA examination.

The Veteran's service-connected degenerative disc disease of the lumbar spine is not productive of ankylosis, incapacitating episodes having a total duration of at least 6 weeks, additional neurological dysfunction such as bowel or bladder impairment, or lumbar radiculopathy. The Veteran does not meet the schedular criteria for a TDIU prior to September 1, 2007 and his service-connected back disability alone did not prevent him from securing and following substantially gainful employment. From September 1, 2007, the Veteran meets the schedular criteria for a TDIU due to his service-connected back disability and psychiatric disability.

The Board has determined that the Veteran's chronic low back disability, including arthritis, was not present during service or until several years thereafter and is not shown to have been caused by any in-service event, injury or disease. Therefore, service connection for this condition cannot be granted.

The Board has granted the Veteran's request to reopen his claims for service connection for PTSD and a low back disorder, finding that new evidence supports these claims.,Service connection is now established for the Veteran's current chronic lumbosacral strain with leg pain.

The Veteran's appeal is being remanded due to a request for a Board hearing. The specific issues of rating headaches, seeking higher ratings for low back strain, and seeking service connection for various hip and leg disabilities remain unresolved.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's claims for increased ratings for intravertebral disc syndrome and radiculopathy of the right and left legs have been granted, with each condition receiving a 20 percent rating.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining VA treatment records and scheduling new examinations for the Veteran's left leg/knee disability, low back disability, asthma, hepatitis C, and acquired psychiatric disorder.

The Veteran's neck and back disorders are found to have originated in service, with the Board granting service connection for both conditions.

The Veteran's appeal is being remanded due to the cancellation of his scheduled hearing. His claims for service connection are still pending and will be addressed after a new hearing date is set.