Back / lumbar spine Board decisions

The Veteran's lumbar spine disability and associated radiculopathy of the right lower extremity are rated at 20 percent, effective from December 4, 2012.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to assess the severity of his lumbar and cervical spine disorders as well as his PTSD. The TDIU claim will also be deferred until these issues are resolved.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for low back and heart disabilities. The Veteran served in the National Guard, including periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). He reported injuries during INACDUTRA that may be related to his current conditions.

The Veteran's lumbar strain with mild spondylosis is currently rated at 20 percent, and the issues regarding right S1 radiculopathy and left S1 radiculopathy are denied. The Veteran does not have service connection based on a presumption of exposure.

The Veteran's request for service connection for a low back disability is being remanded due to his desire for a videoconference hearing at the RO.

The Board denied the Veteran's claim of entitlement to service connection for arthritis of the cervical and thoracolumbar spine, finding that new and material evidence had not been received. The decision is final as it was based on a previous denial in July 1996.

The Veteran's service-connected right knee disability has been found to cause severe instability, warranting a 30 percent rating. The Veteran also has noncompensable limitation of motion in her right knee, which warrants a 10 percent rating under the applicable diagnostic codes. Service connection for a lumbar spine disability is granted.

The Board has determined that the Veteran's low back disorder and associated bilateral leg pain are proximately due to, the result of, or aggravated by his service-connected ventral hernia.

The Board has remanded the claims for service connection due to incomplete medical opinions and need for additional development.

The Veteran's lumbosacral strain with degenerative joint disease has been evaluated at a 20 percent rating since November 22, 2011. The Board found that the evidence did not support an evaluation in excess of this amount.

The Board finds that the overpayment of VA compensation benefits in the amount of $3,319.84 was properly created and is a valid debt.

The Veteran's lumbar spine disability has been rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for higher ratings is denied.

The Board has determined that additional development is needed to obtain private treatment records and VA treatment records for the Veteran's lumbosacral disability and sleep apnea. The claims are being remanded for this purpose.

The Veteran's claim for an increased rating for service-connected right axilla scars was denied as the evidence did not meet the criteria for a higher disability rating. The issue of whether new and material evidence has been received to reopen service connection for right leg and hip disabilities, as secondary to back and left ankle disabilities, is no longer on appeal due to the severance of service connection for these conditions in a final September 2010 RO rating decision.

The Board has determined that the Veteran's claimed back disability, bilateral foot disability, and hypertension are not related to service. The claims for direct service connection have been denied.

The Board has found that further development is necessary to determine if the Veteran's death was caused by his service-connected disabilities or due to VA's failure to timely diagnose his lung cancer.

The Veteran seeks service connection for bilateral radiculopathy and neuropathy of the lower extremeties, which he claims are secondary to his service-connected lumbar spine disability. The claim is reopened.,The Veteran also seeks an evaluation in excess of 40 percent for his service-connected lumbar spine disability and TDIU.

The Board finds that the Veteran's current back disability is not related to his active service, and thus denies his claim for service connection.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, arranging for a VA examination, and considering all evidence of record.

The Board found that the Veteran's current low back disability is not etiologically related to his active service and that the incurrence or aggravation of thoracolumbar spine arthritis during active service may not be presumed.