Back / lumbar spine Board decisions

The case is being remanded to obtain additional VA treatment records, address secondary service connection claims for orthopedic disabilities, and provide a VA examination.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbar strain was denied as his notice of disagreement with the April 2008 rating decision was not timely filed, and thus the April 2008 rating decision became final. The proper effective date is set at April 24, 2009.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine was denied, as it did not meet the criteria for a higher rating. His claim for service connection for coronary artery disease was also denied.

The Veteran's low back disability was granted a 40 percent rating effective November 17, 2003. The appeal is for an increased rating prior to this date.

The Board finds that the Veteran does not have a current low back disability that is related to service, and thus denies his claim for service connection.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling new examinations.

The Board has remanded the case for additional development, including obtaining records from private healthcare providers and seeking reasonable efforts to obtain these records. The Veteran's claims for service connection on appeal will be readjudicated after this development.

The Board has determined that the Veteran's thoracolumbar spine disability, diagnosed as lumbar and thoracic degenerative disc disease, began in service and is therefore granted service connection.

The Veteran's low back disorder was productive of not more than moderate impairment with appreciable limitation of motion, but he was shown to have flexion to at least 90 degrees, with no muscle spasm or neurological component objectively shown, and no additional limitation of function from incoordination, excess fatigability, pain, or weakness. Therefore, a rating in excess of 20 percent for lumbar spine spondylolisthesis was not met during the period from August 31, 2006, through May 3, 2007.

The Board has decided to remand the case due to the need for additional development of records, including private treatment records from various facilities. The Veteran's claim will be reconsidered based on all available evidence.

The Veteran's service-connected cervical spine and low back disabilities have not met the criteria for higher initial disability ratings from September 26, 2003.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for a higher rating for lumbosacral strain from February 27, 2009 was denied. The appeal is also pending for total disability based upon individual unemployability.

The Veteran's residuals, right knee injury, status post total knee arthroplasty, are rated at 60 percent from April 1, 2006 to December 5, 2012.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for shoulder and back disorders. The Veteran's claims will be returned for further development.

The Board has determined that the Veteran's current low back disorder is related to his in-service injury and symptoms have been unremitting since service. As such, the claim for service connection for a low back disorder is granted.

The Veteran withdrew his appeal for the ratings assigned for low back disability and left lower extremity radiculopathy in September 2013.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy are currently rated at their maximum allowable under VA rating criteria, with no additional compensation awarded.

The Veteran's service-connected back disability and radiculopathy do not result in the permanent loss of use of one or both feet, which is required for financial assistance in purchasing an automobile or adaptive equipment.