Back / lumbar spine Board decisions

The Board is reopening the claim for service connection of a low back disability and remanding other claims due to need for further development.

The Board has remanded the case due to a failure to afford the Veteran a hearing, and the case is now pending before the Board for further action.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection cannot be granted.

The Veteran's low back disability, specifically DDD of the lumbar spine, is rated at 20 percent disabling prior to October 22, 2009; and again as 20 percent disabling from March 10, 2011. The claim for TDIU was not adjudicated by the RO.

The Board finds that the Veteran's current back disability is not related to his military service, as there was no evidence of a chronic back condition during or after service. The preponderance of the evidence does not support a finding in favor of service connection.

The Veteran's claim for an initial rating greater than 60 percent for chronic low back pain with history of arachnoiditis was granted, effective July 24, 1995. The case is remanded to determine the appropriate effective date for his special monthly compensation based on aid and attendance.

The Board has remanded the Veteran's claims for an increased rating for his low back disability and a TDIU due to service-connected disabilities. The case is being returned to the RO for further development, including obtaining VA treatment records, scheduling examinations, and readjudicating the claims based on new evidence.

The Veteran's claim for a higher evaluation for his lumbar spine disability was granted, and he is now rated at 60 percent effective June 26, 2008. Service connection for radiculopathy of the bilateral lower extremities prior to August 11, 2010, was also granted.

The Board has granted service connection for the Veteran's claimed back injury, right knee disability, and left knee disability. The evidence shows that these conditions are related to his military service.

The Board denied an initial evaluation greater than 20 percent for the Veteran's service-connected back disability. The issue was remanded multiple times, and after additional development, the RO granted separate evaluations for left lower radiculopathy (10%, 20%, 60%) and right lower radiculopathy (20%).

The Board found that the Veteran's current lumbar spine disorder is not related to his military service and denied his claim.

The Board denied all increased evaluations of appeal for right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain.

The Board found that the Veteran's claimed conditions were not shown in service or for many years thereafter, and are unrelated to active duty service or to a service-connected disability. Therefore, his claims for service connection were denied.

The VA has granted an initial rating of 40 percent for the appellant's service-connected low back disability, effective December 7, 2004. The VA also granted a total rating based on individual unemployability due to service-connected disability, effective November 18, 2010.

The Board has remanded the case for additional development, including obtaining medical records from Davis Monthan Clinic and providing an opinion regarding whether the Veteran's service-connected residuals of a total abdominal hysterectomy aggravated her low back disorder.

The Veteran's posttraumatic stress disorder is found to have originated during his service in Afghanistan, and the Board grants service connection for this condition.

The Board found that the Veteran's back, left shoulder, and left lower extremity disabilities did not have onset in service or within one year of service and were not caused or aggravated by his active service.

The Board has remanded the case for additional development, including obtaining a clarifying opinion from a VA examiner regarding whether the Veteran's current back disorder is caused or aggravated by his service-connected cervical spine disability.

The Veteran's service-connected disabilities (coronary artery disease and degenerative disc disease of the lumbar spine) do not prevent him from securing or following substantially gainful employment.

The Veteran's service-connected disabilities, including hepatitis C, status-post left femur fracture with avascular necrosis of the left hip, and back condition associated with the hip disability, have rendered him unable to secure or follow a substantially gainful occupation since January 2005.