Back / lumbar spine Board decisions

The Veteran's TDIU claim was denied as his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, including his low back disorder and radiculopathy of the lower extremities, meet the criteria for a TDIU as of September 17, 2012. The case is remanded to determine if all forms of employment are precluded due to these conditions.

The Veteran's claims for higher ratings for his service-connected orthopedic manifestations of mechanical low back strain and peripheral neuropathy of the lower extremities were denied. His claim for TDIU was also denied as there is no evidence that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the case due to errors in the Supplemental Statement of the Case and an inadequate VA examination. The Veteran's claim for service connection for a low back disability is being returned to the AOJ for further development.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between service-connected disabilities and the Veteran's death from pancreatic cancer.

The Board has determined that the Veteran's low back disorder, right ankle surgery residuals, and right hip disorder are not related to his military service or secondary to his service-connected right knee disabilities.

The Board has granted service connection for a left lower extremity disability, cervical spine disability, and variously diagnosed psychiatric disorder secondary to the Veteran's service-connected lumbosacral strain with spondylosis.

The Board denied service connection for a back disorder, finding that the Veteran's current condition is not causally related to his military service. The claim was also denied for an increased rating for residuals of a pelvis fracture.

The Veteran's low back disability was manifested by painful motion and limited flexion to 90 degrees prior to February 12, 2012. From that date, the disability was manifested by flexion to 60 degrees at worst. The current rating of 10 percent is appropriate as there were no incapacitating episodes or ankylosis.

The Board has determined that the Veteran's back disability was not incurred or aggravated during active service and is not related to any incident of service, including a 1950 injury. The preponderance of evidence does not support a finding in favor of service connection.

The Board has determined that the Veteran's back disorder is secondary to his service-connected seizure disorder and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The TDIU claim will also be addressed.

The Board has determined that the Veteran's back and neck disabilities are not related to his active service, including a reported jeep accident in Vietnam. As such, the claims for service connection have been denied.

The Board finds that the Veteran does not have a current back disability causally related to, or aggravated by, service. The in-service injury and symptoms had resolved prior to his post-service work-related injuries.

The Veteran's claims for higher initial ratings for left foot disorders and service connection for prostate cancer are being remanded due to the need for additional development.,The Veteran's claim for a compensable initial rating for his left foot scar is also being remanded. The Veteran has provided lay assertions indicating that his lower back and left foot conditions have worsened since VA examinations conducted over 11 years ago, necessitating a new examination.,Regarding the service connection claims, the AOJ must determine whether the Veteran was exposed to herbicides during service in Vietnam, as he maintains. If not, the claim for prostate cancer will be denied due to lack of evidence of exposure. The AOJ should also conduct an examination into any asbestos exposure and assess its potential impact on the Veteran's health.,The Veteran claims that his leakage and impotency are related to his prostate cancer treatment. The AOJ must determine whether these residuals are service-connected, as well as if they are aggravated by his prostate cancer.

The Veteran's appeal is being remanded to allow for a rescheduling of his requested hearing before the Board. The case will be returned to the Board after the hearing.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability. The claims for increased ratings for lumbar strain, PTSD, and right wrist were withdrawn by the Veteran during his hearing.

The Board is remanding the case for scheduling a Travel Board hearing before a Veterans Law Judge.

The Veteran's appeal has been withdrawn and the case is dismissed as there are no allegations of errors of fact or law for appellate consideration.

The Veteran's appeal for an effective date earlier than October 20, 2009 for the award of a 40 percent rating for lumbosacral strain is dismissed as it has been addressed by previous Board decisions.