Back / lumbar spine Board decisions

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine did not have its onset during service or due to any in-service event, including ACDUTRA or INACDUTRA. The VA examiner concluded that the progression of the spinal disease was more likely related to age, genetics, non-service-connected work, and activities of daily living.

The Board has granted service connection for hypertension, lumbar spine intervertebral disc syndrome, and pseudofolliculitis barbae. Hypertension is presumed to have been incurred within one year of separation from service due to consistent blood pressure readings. Lumbar spine intervertebral disc syndrome is also presumed as it was diagnosed shortly after service discharge. Pseudofolliculitis barbae is considered service-connected based on its onset during military service and no evidence against this.

The Veteran's combined disability rating is 60 percent, which does not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for a clothing allowance is denied because the medical professionals certified that her service-connected lumbar and right knee disabilities do not require the use of a prosthetic or orthopedic appliance which tends to wear or tear her clothing.

The Veteran's low back disability has not been shown to warrant a rating in excess of 20 percent since July 14, 2005.

The Board has determined that the Veteran's osteochondroma of the thoracic spine is a congenital disease that did not manifest prior to service, and his DDD of the lumbar spine is service-connected. The decision grants both claims.

The Board has remanded the claim due to insufficient information in the medical opinion provided on prior remand. The Veteran's low back disorder is being evaluated for direct service connection, secondary to his already service-connected bilateral knee disability, and whether it is related to military service.

The Veteran's low back pain with spondylosis was rated at 10 percent effective June 17, 2010. The initial noncompensable rating for the period from August 1, 2005 through June 16, 2010 is confirmed.

The Veteran withdrew his appeals for service connection of right shoulder, low back, cervical spine, and left hip disabilities.

The Veteran's service-connected disabilities, including left shoulder strain, lumbar disc disease, L5-S1 radiculopathy of the left lower extremity, and other conditions, are found to preclude him from securing and following substantially gainful employment.

The Veteran's claims for a higher rating for anxiety disorder and TDIU are being remanded due to incomplete development of the record, including obtaining VA treatment records from April 2006 to present. The claim for TDIU is also intertwined with his claim for an increased rating for anxiety disorder.

The VA determined that the Veteran's current low back disability is not related to service, and denied his claim for service connection.

The Board has remanded the case for additional development to obtain adequate opinions regarding the Veteran's neck and back disorders, including whether they are related to service or a service-connected shoulder disability.

The Veteran's degenerative joint and disc disease of the thoracolumbar spine is currently rated at 40 percent effective October 11, 2012. The Veteran's disc disease of the cervical spine remains rated at 20 percent.

The Board found that the Veteran does not have a dental disorder, sterility, prostate cancer, nerve damage, or a back disorder that manifested in service or is related to any incident of service, including exposure to ionizing radiation.

The Board found no evidence of a nexus between the Veteran's current low back and right knee disabilities and his service or any service-connected disability. The claims for bilateral hearing loss are addressed in the REMAND portion.

The Board found that the Veteran's low back disorder is not related to his service-connected right femur fracture and did not meet the criteria for direct or presumptive service connection.

The Veteran is attempting to reopen a final rating decision from March 20, 2007 which assigned a 40 percent rating effective November 18, 2006 for his thoracolumbar spine disability. The claim of entitlement to an earlier effective date than November 18, 2006 is dismissed as the Veteran's arguments do not establish clear and unmistakable error (CUE) in the March 2007 rating decision.

The Veteran was not found unemployable due to his service-connected disabilities prior to April 28, 2004. The Director of Compensation and Pension Service determined that the nonservice-connected cervical spine condition had a significant effect on his ability to work.

The Veteran's lumbar spine disability is rated at 10 percent prior to February 7, 2013 and at 20 percent from February 7, 2013. The Board found that the evidence did not support higher ratings under either method of evaluation.