Back / lumbar spine Board decisions

The Board denied the Veteran's claims for service connection for radicular symptoms of degenerative disc disease, disc bulges, and spondylolisthesis of the thoracolumbar spine, absence of right peroneal and left sural sensory responses (claimed as bilateral heel numbness; also claimed as muscle atrophy of the extensor digitum brevis (EDB) muscle bilaterally; also claimed as absence of right sural sensory response), and acid reflux disease. The Veteran's service-connected right knee disability was increased to 40 percent.

The Veteran's hypertension has been rated at 10 percent since the grant of service connection. The Board finds that additional development is needed to determine if a higher rating is warranted.

The Veteran's service-connected cold injury residuals in his feet and degenerative disc disease in his back did not cause or contribute to the cause of his death from respiratory failure due to sepsis. The Board finds that the preponderance of evidence is against the claim.

The Board of Veterans' Appeals (Board) has denied the Veteran's claim for service connection for a low back condition, finding that there is no evidence to support her contention that she had a back injury in July 1990 or that she underwent surgery at L5-S1 level. The appeal is remanded for further development.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling the appellant for examinations to assess his service-connected disabilities.

The Board has remanded the case due to the Veteran's request for a videoconference hearing, and it is unclear if he withdrew his request. The case will be scheduled for a hearing at the earliest available opportunity.

The Veteran's current low back disability is shown to be aggravated by his service-connected bilateral knee disability, and therefore secondary service connection for the low back disability is granted.

The Veteran's cervical spine disability is rated at 10 percent, and his lumbar spine disability was initially rated at 10 percent prior to August 23, 2011. Both disabilities remain rated as 10 percent disabling.

The Board finds that the Veteran's low back disorder is at least as likely as not related to his active service, including his military duties and injuries sustained during parachute jumps. The evidence supports a finding of service connection for this condition.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for scheduling a hearing before a member of the Board at the RO.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and finds that new and material evidence has been received. The evidence is at least in equipoise as to whether the Veteran incurred an injury to his back during service and whether his current low back disability is etiologically related to military service.

The Veteran's claim for service connection for right elbow disability, claimed as cellulitis, was denied because there is no current diagnosis of a right elbow disability. The Board found that the evidence did not support a finding of a current disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for residuals of a low back injury with compression fracture of L4 and L5 and involvement of L3. The Board finds that the preexisting condition was aggravated by military service.

The case is being remanded due to deficiencies in the Board's analysis regarding the issue of entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran has been unemployed since February 2001 following a cerebrovascular accident, and his service-connected disabilities include degenerative changes of the lumbar spine. The Court found that the issue of TDIU was not properly before the Board at the time of the December 2013 decision.

The Board has remanded the case for further development and a videoconference hearing.

The Veteran's acquired psychiatric disorder, right knee arthritis, and joint disorder are not service-connected as there is no evidence of a nexus to his military service.

The Board has granted service connection for a lumbar spine disability and an initial rating of 10 percent for degenerative changes in the right ring finger.

The Board found that the Veteran's low back disability did not have its onset in active service or for several years thereafter, and it is not proximately due to, the result of, or aggravated by a service-connected left ankle disability. The Board also found that the Veteran's hypertension was not incurred in service, did not manifest to a compensable degree within one year following separation from service, and is not proximately due to, the result of, or aggravated by a service-connected left ankle disability.

The Board found that the Veteran's current cervical spine disorder and headaches are not related to his military service, including his parachute jumps during active duty for training. Therefore, service connection is denied.

The Veteran's claim for an increased rating for her service-connected low back disorder was denied as the evidence did not show that her disability warranted a higher evaluation.