Back / lumbar spine Board decisions

The Board has determined that the Veteran's current lumbar degenerative disc and facet joint disease is due to an event or incident of his active service, and therefore grants service connection for this condition.

The Veteran's cervical spine disability was rated at 10 percent from June 3, 1998, to August 15, 2007, and at 20 percent as of August 16, 2007.,VA denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining military police reports and unit records related to a reported motor vehicle accident in Vietnam. The Veteran's claims for service connection and TDIU are pending.

The Board has granted a 40 percent rating for the service-connected degenerative joint disease of the lumbar spine, effective from March 25, 2005.

Service connection was denied for a neck disorder, diagnosed as degenerative disc disease of the cervical spine. The Veteran's current condition is not service-connected due to lack of medical evidence linking it to his military service.,The claim for removal of the gall bladder was also denied. There is no credible or competent evidence showing that this surgery occurred during service and there are no indications of a chronic disability resulting from any illness.

The Veteran's appeal is being remanded to obtain updated VA examinations for his PTSD and back condition, as well as an opinion on the impact of these conditions on his employability. Additional treatment records are also needed.

The Board has determined that the Veteran's current low back disability, including herniated nucleus pulposus, residuals of a laminectomy to the L4-L5 disc, and degenerative joint disease of the lumbosacral spine, is at least as likely due to his in-service injury. As such, service connection for this condition is granted.

The Veteran's claim for TDIU was denied as he did not meet the schedular requirements prior to May 3, 2005 and there is no evidence of unemployability due to his service-connected disabilities prior to that date.

The Board denied service connection for a back disability, residuals of a head injury, and an acquired psychiatric disorder. The Veteran's claims were not reopened or remanded further.

The Board has determined that the Veteran's current low back disorder, including lumbar strain and degenerative disc disease, is related to his in-service injury during active duty. As a result, service connection for this condition is granted.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral spine disability existed prior to his entry into active military service and was not aggravated by such service, thus granting service connection based on a presumption of soundness.

The Veteran's claims for increased ratings and a TDIU were denied. The initial rating for lumbar spine DDD was not granted as the evidence did not meet the criteria for an initial rating in excess of 10 percent from July 1, 2004 to August 23, 2004, November 1, 2004 to September 5, 2011, and from November 1, 2011 to January 16, 2012. The Veteran's claim for a higher rating since January 17, 2012 was also denied. The separate disability rating for erectile dysfunction secondary to lumbar spine DDD was granted effective March 5, 2007. A TDIU was granted effective January 8, 2010.

The Board found that the Veteran's current low back disability was not incurred or aggravated by service, and denied his claim.

The Veteran's low back injury with DJD resulted in marked interference with his employment as a truck driver and mechanic prior to February 20, 2007. From that date forward, the disability rendered him unable to perform these duties due to severe symptoms.

The Board has decided to remand the case for further development, including obtaining updated medical evidence and a VA examination to assess the Veteran's employability due to his service-connected disabilities.

The Veteran's claim for an initial compensable rating for a low back disability was denied. The RO found that the evidence did not show forward flexion limited to 85 degrees or less, combined range of motion limited to 235 degrees or less, muscle spasm, guarding, localized tenderness, vertebral fracture, or neurological symptoms.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by active service, nor are they related to his service-connected pes planus. The VA examiner concluded that the current spinal conditions are age-related.

The Board denied the Veteran's claims of service connection for bilateral leg, knee, ankle, and back disorders, as well as hypertension. The denial is based on a lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection and increased rating for his right ankle disability were granted, with a current rating of 20 percent effective from November 8, 2011.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.