Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for the purpose of obtaining additional VA treatment records and scheduling him for a VA examination to assess his service-connected bilateral knee disabilities and lumbar strain.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran's claimed disabilities, including a left shoulder disability, back disability, and left ankle disability, were not incurred or aggravated during his military service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claim for a separate disability rating for radiculopathy of the left lower extremity prior to September 23, 2010 was denied as there is no evidence of neurological impairment sufficient to warrant such a rating.,The Veteran's claim for an initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity from September 23, 2010 was also denied due to lack of evidence indicating at least severe incomplete paralysis.

The Veteran's representative has alleged CUE in the May 2011 rating decision that granted service connection for degenerative arthritis of the lumbar spine with an effective date of July 7, 2009. The appeal is currently pending and a SOC must be issued to address the issue of entitlement to an earlier effective date.

The Board has determined that the Veteran's back disability is related to his military service and grants service connection for this condition.

The Veteran's claim for increased ratings for his back disability has been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to July 21, 2010 and since July 21, 2010.

The Board has remanded the Veteran's claims due to inadequate analysis and failure to consider functional loss, as well as the need for a VA examination.

The Veteran's low back disability is rated at 20 percent prior to July 16, 2013. The Board finds that a higher rating is not warranted for any period.

The Veteran's right foot paresthesia is rated at 20 percent since December 17, 2014. The Board found that the symptoms are more severe than what was currently assigned and granted a higher rating.

The Veteran's combined disability rating does not meet the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a). However, his unemployability due to service-connected thoracolumbar spine disability is supported by Social Security Administration (SSA) records. The case is REMANDED for referral to the Director, Compensation Service, for extraschedular consideration.

The Board found that the Veteran's low back disability was not incurred or aggravated by his military service, and denied his claim.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently assigned a 20 percent evaluation effective July 22, 2014.,The Veteran has been granted an initial 20 percent evaluation for his service-connected lower back disability.

The Board has remanded the case for further development, including obtaining a retrospective medical opinion regarding the Veteran's low back disability from October 2006 to March 23, 2011.

The Board has granted service connection for degenerative spondylosis of the upper lumbar spine and old compression fractures of L1 and L2 spinal segments, finding that these conditions are related to the Veteran's military service, particularly his left foot amputation disability.

The Board has determined that the submitted evidence is not new and material with respect to the service connection claim for a back disorder, thus the claim may not be reopened.

The Veteran's claims for service connection for a respiratory disorder, lumbar spine disorder, and left eye disorder have been denied as there is no current evidence of these conditions. The Board finds that the Veteran did not meet the criteria for service connection due to lack of competent medical evidence linking his claimed disorders to his active duty service.

The appeal is being remanded due to the need for further development, including obtaining VA treatment records and scheduling a new examination. The Veteran's claim of service connection for low back disability will be reconsidered.

The Board has determined that the Veteran's current back disability, including herniated discs at L4-S1 and degenerative disease at S1 and S3, is related to his service, specifically an injury sustained during active duty while jogging. As such, the claim for service connection is granted.

The Board has granted service connection for a lower back condition and depression with sleeplessness as secondary to the Veteran's service-connected knee disabilities. The evidence shows that his back condition was aggravated by his knee conditions, while his depression is related to both his knee disabilities and his inability to work.