Back / lumbar spine Board decisions

The Veteran's low back disability was initially granted with a 20 percent rating, effective March 19, 2004. The VA awarded an increased rating to 40 percent for the lumbar spine disability from December 1, 2007.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, and denied both claims.

The Veteran's combined disability rating of 60% due to his service-connected lumbar spine and bilateral lower extremity disabilities does not meet the percentage requirements for TDIU prior to February 17, 2011. The Board finds that the evidence does not support a finding that he is unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case for additional development due to unverified periods of active duty and inactive duty for training, as well as missing service treatment records.

The Veteran's claim for higher ratings for lumbosacral strain, myositis (also claimed as lower back pain), with intervertebral disc syndrome is being remanded due to the need to obtain additional medical records and determine if SSA records are available.

The Board has reopened the claims of service connection for various conditions, but denied them as new and material evidence was not provided to substantiate these claims.

The Board has determined that the Veteran's lumbar spine spondylosis with osteophytes warrants a 40 percent rating for unfavorable ankylosis of the thoracolumbar spine, and mild incomplete paralysis of each lower extremity warrants a 10 percent rating. As these ratings combine to only 50 percent, the Veteran is not entitled to a higher rating.

The Veteran's service-connected disabilities did not prevent her from engaging in gainful employment prior to May 31, 2007.

The Veteran's service-connected disabilities did not render him unable to follow a substantially gainful occupation prior to April 10, 2009. The Board denied the claim for an earlier effective date for TDIU.

The Board found that there is no evidence of a low back disability in service and the earliest clinical evidence of current disability was more than 50 years after separation from service. The Veteran's statements about an injury during bayonet training were not supported by contemporaneous medical records, and his spine was normal upon separation examination. Therefore, the claim for service connection for a low back disability is denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of all submitted evidence.

The Veteran's claim for service connection for a back disability was reopened and granted. His claim for loss of use of both lower extremities was denied, as he did not have such impairment. The Veteran's depressive disorder is currently rated at 50 percent.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for tinnitus, bilateral foot condition, lumbar spine condition, and sciatica of the right lower extremity are still pending.

The Board has ordered additional development due to incomplete examination reports and the need for additional private treatment records.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and scheduling a VA examination to address the etiology of his lumbar spinal condition and foot condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of service connection for lumbar spine disorder and left hip/leg disorders are pending.

The Veteran's appeal is being remanded to the RO for additional development and consideration of his claim for total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA medical examination. The Veteran's claim of service connection for a thoracolumbar spine disability will be reconsidered based on the new evidence.

The Board denied service connection for degenerative changes of the feet and a disability of the thoracolumbar spine, finding that there was no evidence to support these claims.

The Veteran's request for a hearing before the Board has been granted, and he is scheduled to appear. The case will be remanded due to his failure to attend the previously scheduled hearing.