Back / lumbar spine Board decisions

The Veteran's service-connected migraine headaches are currently evaluated at 50 percent, but the Board has remanded to consider an extraschedular evaluation.

The Board has determined that the Veteran's low back disability and scoliosis were not incurred or aggravated by service, as there is no evidence of a chronic condition in service and no medical opinion linking these conditions to service. The current diagnoses are considered to be due to natural progression over time.

The Board has remanded the case for further development due to inadequate VA examinations, including a need for an orthopedics specialist examination of the Veteran's bilateral foot disorder and opinions regarding the relationship between his low back and shoulder disabilities.

The Veteran's claims for service connection for right and left knee disabilities, as well as a low back disability, are being remanded due to the need for additional examinations to determine the nature and etiology of these conditions.

The Board has remanded the case for further development and readjudication due to an inadequate VA examination, new evidence from Social Security Administration (SSA) records, and conflicting medical opinions. The claim will be reconsidered with these factors in mind.

The Veteran's service-connected lumbar spine disability warrants a 60 percent rating on an extra-schedular basis, and he is entitled to TDIU.

The Board denied service connection for a back disorder in September 1973, finding that the pre-existing condition did not worsen during active duty. The motion for CUE was denied as there is no evidence showing a different result would have ensued.

The Board has determined that the Veteran's bilateral hearing loss and degenerative disc disease of the lumbar spine are related to his military service, warranting service connection for both conditions.

The Board has determined that the Veteran's current back disability is related to his active service, but there is no evidence of a right ear hearing loss disability during service or within one year thereafter. The claim for right ear hearing loss disability is denied.

The Veteran's claims for service connection were denied due to his failure to report for scheduled VA examinations. The Board also noted that additional development was required, including obtaining mental health records from active duty service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, as evidenced by his continued education and part-time work.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support an increase in rating for lumbar spine disability or a higher initial evaluation for pain disorder.

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

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on current evidence.

The Board found that the Veteran's low back disorder is not causally or etiologically related to any disease, injury, or incident in service; arthritis did not manifest within one year of the Veteran's discharge from active duty; and it is not caused or aggravated by a service-connected disability.

The Veteran's service-connected collapsed arch of the left foot is rated at 10 percent, effective September 30, 2008. The Board found that his condition met the criteria for a noncompensable rating throughout the initial period on appeal and granted an increased evaluation to 10 percent as of September 30, 2008.

The Board denied the Veteran's claims for service connection for DDD and DJD of the lumbar spine, finding that his current low back disability was not directly related to any event or injury in service.

The Board found no evidence to support a connection between the Veteran's current low back disability and his service, thus denying his claim for service connection.

The Veteran's chronic mild lumbar muscular spasms were rated at 10% prior to August 15, 2013. Since then, the disability has been rated at 20%. The Board found that the evidence supported a higher rating.

The case is being remanded for further development, including additional medical opinions and evidence. The Veteran's service connection claim for sleep apnea will be reviewed to determine if it began during service or was aggravated by his rhinitis disability. His TDIU claim will also be reviewed.