Back / lumbar spine Board decisions

The Veteran's service-connected disabilities alone were not of such severity as to preclude him from obtaining or maintaining any gainful employment between January 7, 2010 and March 4, 2011.

The Veteran's lumbar spine disability has not resulted in incapacitating episodes requiring bed rest prescribed by a physician prior to March 21, 2012. Therefore, the claim for an initial rating in excess of 10 percent is denied.

The Veteran is seeking service connection for various disabilities including a respiratory disability, sinusitis, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, left arm and shoulder disability, an acquired psychiatric disability (PTSD), and bilateral pes planus. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for sinusitis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for lumbar radiculopathy on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for left arm and shoulder disability on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for an acquired psychiatric disability (PTSD). The claims are being remanded to allow for further development of the claim, including consideration of PTSD under Clemons v. Shinseki, 23 Vet. App. 1 (2009).,The Veteran is seeking service connection for bilateral pes planus based on a presumption of soundness due to the absence of pes planus at entrance into service and exposure to asbestos and tear gas during service.

The Veteran's disability rating for his lumbosacral spine condition was increased to 20 percent effective April 9, 2011. Prior to that date, the disability was rated at 10 percent.

The Veteran's appeal is being remanded due to the failure to reschedule a hearing. The issues of entitlement to service connection for bilateral carpel tunnel syndrome and chronic low back disability remain on hold until further notice.

The Board denied the Veteran's claims for service connection for hypertension, low back disorder, bilateral knee disorder, and left hand disorder. The decision found that there was no evidence of a chronic condition during or within one year after service, and that any current conditions are not related to service.

The Board denied service connection for a low back disability, including arthritis of the lumbar spine. The Veteran's service treatment records did not show any complaints or issues related to his back during service.,Service connection was also denied for hypertension as there is no evidence showing it was incurred in service and no presumption applies due to herbicide exposure.

The Board has denied service connection for visual changes, left ear hearing loss, tinnitus, headaches, fatigue, sinus disorder, gastroenteritis, back disability, left knee disability, right knee disability, left shin splints, right shin splints, left heel spurs, right heel spurs, left flat foot, and right flat foot. The Board found that these conditions were not incurred or aggravated by service.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining VA treatment records and a new examination. The issue of compensation under 38 U.S.C.A. § 1151 for disability of the cervical spine is also inextricably intertwined with the TDIU claim.

The Veteran's appeal is being remanded for additional development, including obtaining worker's compensation records and VA treatment records. A more contemporaneous VA examination is also needed to determine the current severity of his service-connected stress reactions and fractures of the right hip/pubic rami, as well as whether a low back disability is related to his service-connected condition.

The Veteran's claims for increased ratings for depression, cervical spine disability, thoracolumbar spine disability, right foot plantar fasciitis and left foot plantar fasciitis were denied. The RO assigned non-compensable ratings to these disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected conditions. The issues include seeking increased ratings for degenerative disc disease of the lumbar spine and PTSD, as well as determining whether he is unemployable due to his disabilities.

The Veteran's claims for service connection for various disabilities, including low back disability, right lower extremity disability (claimed as pain and numbness), left hip disability, right hip disability, right shoulder disability, tinnitus, and left hand disability, were all granted. The decision is based on direct service connection due to in-service noise exposure.

The Veteran's GERD is rated at 30 percent effective May 19, 2009. The Board finds that the evidence supports a higher rating for GERD.

The Veteran's claim of entitlement to an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and additional treatment records.

The Veteran's thoracolumbar spine disability has not resulted in forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes that have required bed rest prescribed by a physician. As such, his claim for increased rating is denied.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine did not meet the criteria for a higher initial rating beyond 10 percent.

The Veteran's claims for increased ratings for lumbosacral DDD with L4 wedging, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were granted. The effective date is July 7, 2008.

The Veteran's claim for residuals of a head injury, other than headaches and an eye disability is denied as there are no current disabilities related to the reported in-service injuries. The claims for headaches and back disability are remanded for further development.