Back / lumbar spine Board decisions

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as there are no longer any issues to be decided.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine was denied as there is no evidence that his flexion was limited to less than 30 degrees or that he had unfavorable ankylosis. The current disability picture does not warrant a rating in excess of 40 percent.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent evaluation, effective from March 1, 2008. A separate rating for right lower extremity radiculopathy is warranted prior to July 30, 2013.

The Board found that the Veteran's degenerative disc disease of the cervical spine and torticollis are not related to his military service, thus denying service connection for both conditions.

The Board has remanded the claims for pension, TDIU and increased rating due to outstanding VA treatment records and SSA records. The Veteran's physical files or Virtual VA electronic claims file should be updated with these records.

The Veteran was not found to be unemployable due to service-connected disabilities prior to October 2, 2008. From October 2, 2008 to September 11, 2013, the evidence showed that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for service connection for various conditions, including right knee and left knee disabilities, chest pain, back disability, night sweats, a psychiatric condition (claimed as sleeping problems), cervical spine disability, right shoulder disability, jaw pain, and hearing loss were denied. The Board found no evidence of current disabilities or associations with service.

The Veteran's claim for increased ratings for degenerative disc disease of the thoracic spine was denied. The Board found that prior to February 23, 2011, the disability did not meet the criteria for a rating in excess of 20 percent and from February 23, 2011, it did not meet the criteria for a rating in excess of 40 percent.

The Veteran's low back disorder was rated at 20 percent from March 9, 2007 to July 29, 2009. From July 30, 2009 onwards, the disability is not manifested by forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis.

The Veteran's lumbar spine disability has been rated at 10 percent since July 31, 2009. The rating is based on the presence of mild anterior wedging and disc space narrowing without any other service-connected conditions or exposure basis.

The Board found that the Veteran's back condition and right leg sciatica did not have their onset during active service, nor were they related to her military service. The claims for service connection were denied.

The Board has determined that the Veteran does not have current diagnoses for high fever, right calf muscle damage as residual of shrapnel fragment wound, left knee disorder, right knee disorder, or low back disorder. As such, service connection is denied for these conditions.

The Veteran's thoracolumbar spine disability is found to be service-connected. However, there is no evidence of a current skin disease or any other condition for which presumptive service connection based on herbicide exposure can be granted.

The Board denied an increased rating for the Veteran's degenerative disc disease of the thoracolumbar spine and found that his right knee disability claim was not properly reopened due to lack of new evidence within one year. The Veteran's current 10 percent rating for back pain is upheld, but no higher as it does not meet criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including a new VA examination and issuance of a statement of the case regarding his PTSD claim.

The Veteran's service-connected headaches are currently rated at 30 percent, but the Board finds that a higher rating is not warranted.

The Board found that the Veteran's lumbar spine disability and left leg radiculopathy are not related to service or service-connected conditions, including peripheral neuropathy of the feet.

The Board has decided to remand the case for further development, including obtaining records from a chiropractor and scheduling the Veteran for a VA examination.

The Board found that the Veteran's lumbar spine disorder is not related to his military service or a service-connected disability, and his respiratory disorder is not related to his military service.

The Veteran does not have a current low back disorder that manifested in service or within one year thereafter, and there is no evidence of continuity of symptomatology. The Board finds that the Veteran's low back problems are not related to her military service.