Back / lumbar spine Board decisions

The Veteran's service-connected disabilities render him unemployable, as his combined rating is at least 60 percent and he has multiple service-connected conditions that limit his ability to work. The Board finds the criteria for TDIU have been met.

The Veteran's PTSD with major depression is rated at 50 percent, and he has been granted a TDIU. The claims for prostate cancer and benign prostatic hypertrophy, bronchitis, swelling of joints in the upper extremities, sleep apnea, and low back disorder are all denied. Service connection was reopened for atrial fibrillation with hypertension and mitral valve insufficiency and low back disorder.

The Veteran's service-connected low back disability has been evaluated at 20 percent since June 1977. The VA examinations show that the Veteran currently experiences pain and weakness, but her range of motion is within normal limits for a 20 percent rating.

The Board has determined that the Veteran's chronic bilateral patellofemoral pain syndrome of the knees and chronic lumbosacral strain/sprain are causally related to his active military service.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeal is denied as there are no separate compensable ratings for neurological manifestations of his low back disability other than left lower extremity radiculopathy, and a rating in excess of 10 percent for left leg radiculopathy is not warranted.

The Board finds that the Veteran's lay statements and service treatment records are sufficient to establish a current low back disability, chronic symptoms of back pain since service separation, and an in-service injury. As such, the claim for service connection is granted.

The Board found that the Veteran's current right shoulder and back disabilities were not incurred in or aggravated by service. The preponderance of evidence is against finding a nexus between his current conditions and service.

The Board found that the Veteran's low back disorder is not related to his service, including a fall in service. The arthritis was also not presumed due to service.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's claim for an initial compensable rating for tinea pedis was denied, but the Board finds new and material evidence has been received to reopen his claims of service connection for genital warts or residuals thereof and a low back disability.,Regarding the low back disability, the RO initially denied it in April 1995 due to lack of current disability. The Veteran's claim was reopened in April 2007.

The Veteran's claim for service connection for degenerative disc disease, thoracolumbar spine is being remanded due to the need for additional development including obtaining relevant service treatment records and scheduling a VA examination.

The Veteran's service connection claims for PTSD and an acquired psychiatric disorder, other than PTSD (Adjustment Disorder with Anxious Mood), were granted. However, his claim for a low back disability was denied.

The Veteran's claim for special monthly pension based on need for aid and attendance of another person or being permanently housebound has been denied as he does not meet the criteria for either benefit.

The Board has ordered additional service treatment records and information from the Veteran to be obtained, as well as a supplemental opinion regarding whether any currently diagnosed low back disability is related to military service. The case will be remanded for these actions.

The Veteran's claims for service connection for low back, left knee, and right knee disabilities are being remanded due to the need for additional development of his medical records.

The Veteran's appeal is being remanded to obtain updated VA treatment records, afford VA examinations, and issue a Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC).

The Board has determined that a VA examination is needed to determine the relationship between any current low back disability and service, as well as obtaining all outstanding VA medical records. The Veteran's claim for service connection will be remanded for these actions.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar degenerative joint and disc disease.

The Board has granted a TDIU effective from June 17, 2008. The Veteran's low back disability was rated at 50% and he stopped working full-time on December 22, 2006 due to his service-connected disabilities.