Back / lumbar spine Board decisions

The Veteran's low back disability, rated at 40 percent, is not exceptional or unusual as to render impractical the application of the regular schedular standards. However, it prevents him from obtaining and maintaining employment that could be considered substantially gainful versus just marginal in comparison.

The Veteran's lumbar spondylolisthesis is rated at 20 percent, and his right knee degenerative arthritis, left knee status post partial meniscectomy with ACL reconstruction, and left knee status post partial meniscectomy are all rated as 10 percent.

The Board found no evidence to support the Veteran's claim that his current lumbar spine disorder is related to service, including his in-service back injury. The examiner opined it was less likely as not caused by or a result of any incident during active duty.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a skin disorder, back disorder, and right elbow disorder. The claims are being remanded to obtain adequate VA examinations and opinions.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine with radiculopathy, is reasonably shown to be related to service. The claim for service connection for cervical spine disability is addressed in the REMAND portion of the decision.

The Board found that the January 2008 rating decision granting service connection for degenerative disc disease of the lumbar spine and bilateral leg radiculopathy was not clearly and unmistakably erroneous.

The Board found no evidence of a back or eye disorder in service, and the Veteran's current conditions are not related to his military service. Service connection is therefore denied.

The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.

The Veteran's appeal is being remanded to obtain medical records and arrange for examinations to assess the severity of his service-connected disabilities. The issues on appeal include claims for service connection, increased ratings, and compensation.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination and review of recent medical records. The case will be remanded to the RO for further action.

The Veteran's claims for service connection for hearing loss, tinnitus, back disability, and bilateral knee disability were denied as there is no evidence of current disabilities or in-service injury/illness that could be linked to these conditions.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for osteoarthritis, degenerative joint disease, and degenerative disc disease of the lumbar spine. The Board resolved all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to inadequate examination opinions and the need for addendum opinions regarding the Veteran's left hip, left leg, and low back disabilities.

The Board finds that the Veteran's current right ankle disability is related to service, specifically an in-service injury during active duty. The back disability is not related to service as it was not caused by or aggravated by the right ankle disability.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is related to noise exposure during active military service. For his bilateral hearing loss and myofascial lumbar syndrome claims, a VA examination was conducted, but further clarification on etiology is needed as the examiner did not consider in-service noise exposure or other relevant post-service medical history.

The case is being remanded to the Board for further consideration at the RO level due to a change in the hearing officer.

The Veteran's appeal involves multiple conditions, including left rotator cuff dysfunction, low back disability, headaches, acne, and alopecia. The issues are related to service connection for these conditions, with the primary focus being on whether they are directly related to his military service or due to an undiagnosed illness.

The Veteran's claims for bilateral hearing loss, tinnitus, lumbar degenerative disc disease, right leg numbness, and hemochromatosis were denied as they are not service-connected. The Board found that the conditions did not develop during or due to military service.

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

The Veteran's claims for bilateral knee, foot, and radiculopathy of the right lower extremity disabilities were not addressed in this decision. The low back disability claim was denied for increased evaluations prior to September 10, 2007, and from that date onwards.