Back / lumbar spine Board decisions

The Veteran's degenerative joint disease of the lumbosacral vertebrae does not meet the criteria for a higher evaluation, as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's chronic low back disability, diagnosed as lumbosacral disc disease with left-sided sciatica, had its onset during his active military service. The Board finds in favor of the Veteran and grants his claim for service connection.

The Veteran's TDIU claim is being remanded due to the need for further development of evidence regarding his specific learning disability and its impact on employment, as well as an assessment of the combined effect of his service-connected disabilities on his employability.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease, finding that it is related to an in-service injury and resolving all reasonable doubt in favor of the Veteran.

The Veteran's claims for earlier effective dates for service connection have been denied as the earliest date of receipt of a claim to reopen was June 5, 2006 and December 5, 2007 respectively.

The Veteran's claims for service connection for a lumbar spine disability and an initial rating in excess of 10 percent for PTSD are being remanded due to the need for additional development, including VA examinations.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to a lack of hearing transcript and will schedule a new hearing at the RO or via videoconference if requested by the Veteran.

The Board has determined that the Veteran's cervical and lumbar spine disorders are the result of injury sustained during his period of active duty, and service connection is granted for these conditions.

The Board has reopened the previously denied claims for service connection for a thoracolumbar spine disability and gastrointestinal disorder, finding new and material evidence. The Veteran's current diagnoses of scoliosis, multi-level intervertebral disc changes of the thoracic spine, age-indeterminate fracture of T8 vertebral body, gastroesophageal reflux disease (GERD), hiatal hernia, esophagitis and gastritis raise a reasonable possibility of substantiating these claims.

The Board has determined that the severance of service connection for degenerative joint disease of the lumbar spine with right lower extremity radiculopathy, entitlement to TDIU, and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was not proper due to lack of clear and unmistakable error in the original grant of service connection.

The Veteran's claims for increased ratings for sinusitis, gastroenteritis, low back disability, and left knee disability were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's lumbosacral spine strain with sacroiliac disorder is manifested by limitation of thoracolumbar spine flexion greater than 30 degrees, but no ankylosis or peripheral neurologic disease. The criteria for an initial rating in excess of 20 percent are not met.

The Board has granted service connection for degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy and kidney stones, both incurred in active service.

The Board has denied the Veteran's claims for higher initial disability ratings and service connection for various conditions, including tinnitus, hearing loss, rotator cuff disability of the right shoulder with bone spur, post-operative cervical strain with spinal stenosis, allergic rhinitis, skin disability manifested by urticarial wheals, and loss of tooth No. 19.

The Board found that the Veteran's upper and lower back disorders did not have their onset during service or within one year of separation, and the preponderance of evidence is against a finding that these conditions are related to his military service.

The Board denied the appellant's claims of service connection for hypertension and a low back disability, finding no evidence of in-service incurrence or aggravation.

The Board denied service connection for a low back disorder and denied increased evaluations for right and left knee disabilities. The appellant's claims were not granted.

The Veteran's increased ratings for his service-connected lumbar spine, cervical spine, right elbow, and right ankle/lower extremity disabilities have been granted.

The Board has remanded the case for additional development, including obtaining National Guard service records and verifying periods of active duty, active duty for training, or inactive duty for training. The Veteran's claims for service connection are pending.