Back / lumbar spine Board decisions

The Board has remanded the case for further development due to a scheduling error, and the Veteran is scheduled for a hearing before the Board.

The Veteran's rating for lumbar spine strain was reduced from 30 percent to 20 percent, effective July 1, 2011. The Board found that the reduction was improper and restored her original 30 percent rating.

The Veteran's appeal has been withdrawn with respect to the issues of entitlement to service connection for a chronic disability manifested by chest pain, hearing loss, PTSD, and a chronic skin disability. The issue of entitlement to service connection for glucose intolerance is deferred pending completion of development.

The Board has determined that the Veteran's current low back disability is related to service, and thus grants service connection for a low back disability. The issue of an initial rating in excess of 30 percent for PTSD remains pending.

The Board has determined that the Veteran's current right hip disorder and thoracolumbar spine disorder are not service-connected as they were not incurred or aggravated during his active duty.

The Veteran's lumbar and cervical spine disabilities have not met the criteria for higher ratings under applicable VA rating criteria, resulting in a denial of his claims.

The Board has granted service connection for a low back disability, finding that the Veteran's current disability is at least as likely as not related to his in-service injury. The claim for bilateral lower extremity disability secondary to the low back condition remains pending.

The Veteran's claim for an increased rating for lumbar degenerative disc disease and stenosis was denied, while his claim for an increased rating for vitiligo was granted at a 10% disability rating.

The Board found no clear and unmistakable error in the June 1980 rating decision that denied service connection for a low back condition, thus denying the claim for an earlier effective date based on CUE.

The Veteran's right lower extremity radiculopathy has been granted an initial 20 percent rating, effective June 1, 2012.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his claims.

The Veteran's service-connected diabetes mellitus, type II, is granted. The Board has also granted service connection for degenerative joint disease of the left shoulder and lumbar spine with compression fracture of the thoracic spine, as well as right great toe joint replacement, status post degenerative joint disease. An initial evaluation in excess of 10 percent for each condition is not warranted.

The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral spine disability was denied. The appeal also included a request for an earlier effective date for the grant of service connection for radiculopathy of the bilateral lower extremities, which is not addressed by this decision.

The Board has determined that there was clear and unmistakable error in the August 1978 rating decision, which did not provide additional ratings for muscle damage to Muscle Groups IX and XIX. The Veteran's thoracolumbar spine disability, psychiatric disability (PTSD), left ulnar palsy, and left leg paresis and spasticity are all at issue.

The Board found that the Veteran's low back, bilateral ankle, and right shoulder disabilities did not manifest during service or are otherwise directly related to her service. The preponderance of evidence is against a finding that these conditions were caused by or aggravated by her service-connected bilateral knee disabilities.

For the period from May 19, 2008 to February 4, 2015, your service-connected degenerative disc disease and degenerative joint disease of the lumbar spine was manifested by pain on motion with forward flexion limited to 55 degrees.,Effective February 4, 2015, your service-connected degenerative disc disease and degenerative joint disease of the lumbar spine is manifested by pain on motion with forward flexion limited to 10 degrees.

The Board has determined that additional development is needed to ensure the Veteran receives proper notice and assistance in connection with his claims, including obtaining SSA records and scheduling him for a VA examination. The appeal will be remanded for these purposes.

The Veteran's claims for increased ratings for low back and right shoulder disabilities were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claims for service connection, an initial rating for osteoporosis, and TDIU are being remanded due to the need for additional development.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service, as his pre-existing condition worsened during service but did not result from any incident of service.