Back / lumbar spine Board decisions

The Board denied a higher evaluation for the Veteran's service-connected low back disability, finding that it did not meet the criteria for an evaluation in excess of 10 percent through August 9, 2011, and in excess of 20 percent beginning August 10, 2011.

The Board found no evidence to support the Veteran's claims of service connection for back, neck, left shoulder, and right shoulder disabilities as secondary to his service-connected left knee disability. The diagnoses were not related to the service-connected condition.

The Veteran's claim for an annual clothing allowance was granted. The Board found that the Veteran is entitled to a clothing allowance for 2011 due to his service-connected lumbar spine disability. Service connection and increased ratings were denied for left elbow disability, acquired psychiatric disability (other than major depressive disorder), hypertension, tinnitus, degenerative joint disease of the lumbar spine, and major depressive disorder.

The Veteran's lumbar spine DDD was granted an initial rating of 20 percent prior to November 29, 2011 and a higher 40 percent rating on and after that date. The Veteran also received separate ratings for bilateral lower extremity radiculopathy.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's back disability. The issue of TDIU is also being addressed.

The Board found that the Veteran's right elbow disorder and low back disorder clearly existed prior to service and were not aggravated by service.,Service connection was denied for both conditions as they are considered direct service connections.

The Board finds that the Veteran's degenerative joint disease and degenerative disc disease with radiculopathy are as least as likely as not related to active service, including his combat injuries in Vietnam.

The Board denied the appellant's claims for service connection for avascular necrosis of the right hip and an increased rating for lumbosacral strain with degenerative disc disease, finding that his disability did not meet or approximate the criteria for a higher rating.

The Veteran does not have a current muscle disability of the arms, legs, and low back or gastrointestinal disability that is related to his active service. The Board finds no evidence linking these conditions to his military service.

The Veteran's claims for higher ratings and effective dates have been granted, with the effective date set at August 24, 2005.

The Board denied the Veteran's claims of service connection for a right foot disorder, left foot disorder as secondary to a right foot disorder, and back disorder as secondary to a right foot disorder. The Board found that the right foot disorder existed prior to service and was not aggravated by active duty.

The Board has granted service connection for degenerative disc/joint disease of the lumbar spine, finding that it is due to an injury incurred in service.

The Veteran's claim for a higher rating and earlier effective date for his lumbar spine disability was granted, with the disability rated at 40 percent.

The Board has granted service connection for sacroiliac fusion and denied the remaining claims, finding that the Veteran's current disabilities are not related to her active duty service or secondary to a service-connected condition.

The Board has remanded the case for further development, including obtaining SSA records and medical records associated with any SSA determination. The Veteran's claims of service connection for DJD of the lumbar spine and major depression will be reconsidered.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, employment records, and a VA examination to assess the severity of his lumbar spine disability. The claim for TDIU rating has also been raised.

The Board has remanded the claims of service connection for seborrheic dermatitis, a lumbar spine disability, heart disease, and hepatitis due to insufficient development. The Veteran's file must be provided to the VA examiners for review.

The case is being remanded for additional development, including obtaining VA treatment records and service medical records, scheduling a VA examination to assess the severity of the Veteran's lumbar spine disability and left lower extremity radiculopathy during flare-ups, and completing development on issues related to neck and left hip disabilities.

The Veteran's appeal is being remanded due to the need for additional examinations and development of her claims, particularly regarding her Hepatitis C and lumbosacral strain.

The Board has remanded the case to the RO/AMC for further development, including obtaining VA medical records from Decatur VAMC and ensuring that all relevant evidence is considered in adjudicating the Veteran's claim of entitlement to service connection for a chronic low back disability.