Back / lumbar spine Board decisions

The Board has determined that the Veteran's current low back condition is not related to his active military service, and thus denied service connection for a low back disorder.

The Veteran's low back disorder, rated as 40 percent disabling since September 1967, is found to preclude him from obtaining and maintaining substantially gainful employment due to his service-connected disability.

The Veteran's claims for increased ratings were denied. The initial compensable rating for dyspepsia was not granted, and the claim for a higher rating for degenerative disc disease of the lumbar spine was also denied.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar spine, right shoulder, left ankle, and right ankle disabilities. The issues of entitlement to service connection for a cervical spine disorder and a right elbow disorder were also addressed but are pending on remand.

The Veteran's appeal is being remanded due to incomplete development of his claims, specifically regarding the effect of flare-ups on his spine disability and whether pain significantly limits functional ability during flare-ups or when used repeatedly over a period of time.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the TDIU claim for further development, including obtaining a VA medical opinion on whether the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation. The case is also being returned to the RO with updated treatment records and readjudicated.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a current evaluation of 40 percent effective June 14, 2013.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 24, 2002 to September 20, 2004. The Board finds that the evidence is in equipoise on whether he was disabled due to his service-connected conditions.

The Board found that the Veteran's current back disorder is not causally or etiologically related to her military service, and arthritis did not manifest within one year of her discharge from service. Therefore, the claim for service connection was denied.

The Board finds that the evidence does not support a finding of service connection for any of the claimed conditions.,There is no clear and unmistakable evidence (CUE) to overturn previous denial decisions.

The Board has decided that the Veteran's service connection claim for a back disorder is granted, but only if it is found to be directly related to his military service. The secondary service connection claim for the back disorder due to his service-connected bilateral knee disability was not addressed in this decision.

The Veteran's low back disability is currently rated as 20 percent disabling prior to May 19, 2011 and 40 percent disabling from that date. The Board finds no evidence of forward flexion limited to 30 degrees or less, unfavorable ankylosis, incapacitating episodes, or other criteria warranting a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining his SSA records and rescheduling him for VA examinations and a hearing if he desires.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Veteran's lumbar spine DDD has been rated at 40 percent since July 5, 2007. For the period beginning February 22, 2012, a rating of 60 percent for lumbar spine DDD is granted. Ratings of 30 percent are assigned for right and left knee patellofemoral syndrome.

The Board denied the Veteran's claims for service connection for vision disorder, lumbar spine degenerative disc disease, cervical spine strain with degenerative arthritis, bilateral hearing loss, and tinnitus. The evidence did not support a finding of service connection for these conditions.

The Board found that the Veteran's claims for earlier effective dates were denied as there was no evidence of a claim prior to November 1, 2001.

The Veteran's claim for an increased rating for his service-connected mechanical low back pain with bilateral radiculopathy of the lower extremities is being remanded due to the need for a new VA examination.

The Board has reopened the Veteran's claim for service connection of a low back disability, but denied secondary service connection due to aggravation by his right ankle disability.