Back / lumbar spine Board decisions

The Veteran's claim for a TDIU is being remanded as the VA has not obtained an opinion regarding his employability due to service-connected disabilities. The case will be readjudicated after obtaining this information.

The Board found that the Veteran's bilateral hip and low back disabilities are not service-connected as they did not have their clinical onset in service, were not otherwise related to service or a service connected disability, and are less likely caused by his service-connected bilateral foot disability.

The Board denied service connection for a low back disability. The acquired psychiatric disorder was granted with a 50% rating effective June 13, 2008.

The VA examiner found no factual support for a formal diagnosis of a back disorder and opined that the condition is less likely than not related to service, including his service-connected knee and/or foot disabilities.

The Board found that the Veteran's back disorder, diagnosed as spinal stenosis, is not related to his active service and denied his claim for service connection.

The Veteran's appeals for higher ratings for PTSD and lumbar spondylolisthesis have been withdrawn. The bladder cancer claim is remanded for issuance of a Statement of the Case.

The Veteran's back disability is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The right foot fractures are each rated at 10 percent.

The Board has ordered a remand for the Veteran's claims of service connection for low back disability, bursitis, and cervical spine osteoarthritis. The case will be returned to the AOJ for additional development.

The Board has determined that the Veteran's current back disability and acquired psychiatric disorder are related to his service, meeting the criteria for direct service connection.

The Veteran's attorney has withdrawn the issues of service connection for diabetes mellitus, type II; a right shoulder disability; bilateral hearing loss; degenerative disc disease; and hypertension from appellate status.

The Board has determined that the Veteran's thoracolumbar degenerative disc disease was not incurred during service and is not related to any in-service injury or disease. The claim for this condition is therefore denied.

The Veteran's claim for service connection for PTSD was denied as there is no credible evidence of a verified in-service stressor. The Veteran's current diagnoses do not meet the criteria for PTSD.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Board has remanded the case due to incomplete records and procedural issues, including scheduling a DRO hearing. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is on hold until all requested records are obtained and reviewed.

The Board has granted service connection for a lumbar strain and the residuals of a fracture of the distal right great toe, but denied service connection for degenerative joint disease of the first metatarsal phalangeal joint. The Veteran's lumbar strain is considered to be related to his in-service back pain, while the residuals of the right toe fracture are also considered to be related to his in-service injury. However, the Board found no evidence linking the current degenerative joint disease to service.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective June 22, 2009. Separate ratings of 10 percent each are assigned for radiculopathy of the left and right lower extremities associated with his service-connected lumbar spine disability.

The Board has granted service connection for bilateral hearing loss and lumbar spine degenerative disc disease with disc protrusions, finding that the evidence is sufficient to establish a current disability and its relationship to service.

The Board has reopened the claims for right and left ankle disabilities, low back disability, gastroesophageal reflux disease (GERD), headaches, and right hip disability. The claim for a rating in excess of 10 percent for right knee disability is REMANDED.

The Board has remanded the case for additional development to obtain missing VA treatment records, verify in-service stressors, and provide a new VA psychiatric examination.

The Board has reopened the Veteran's claim of service connection for a back disorder and granted it. The issue of service connection for vertigo is also addressed, with an examination recommended to determine its etiology.