Back / lumbar spine Board decisions

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had been received to reopen several of his claims. The effective date for PTSD was not established due to a finding of no CUE.

The Veteran's lumbosacral spine disability is rated at 40 percent, and the claim for a higher rating remains denied.,An effective date of September 24, 2005, has been granted for the grant of separate ratings for left and right lower extremity radiculopathy.,The Veteran's claims for increased ratings for his left and right lower extremity radiculopathy remain denied.,Evidence submitted to reopen the service connection claim for a psychiatric disability is considered new and material, but the preponderance of evidence does not support a finding that the Veteran has a current psychiatric disorder related to service or a service-connected disability.,The Veteran's total disability rating based on individual unemployability due to service-connected disability remains remanded.

The Board has reopened the claims for service connection for low back pain and headaches due to new and material evidence. However, further development is needed prior to adjudication of these issues.

The Veteran's osteoarthritis of the lumbosacral spine is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the evidence provided.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination. The claim will be reviewed again based on the newly obtained evidence.

The Board denied the Veteran's claims for service connection for right knee, left knee, and low back disorders as secondary to his service-connected bilateral pes planus. The claim for PTSD was also denied due to lack of credible supporting evidence that the claimed stressor actually occurred.

The evidence does not show that the Veteran's service-connected back disability is primarily manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of thoracolumbar spine motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The evidence also does not show that the Veteran experienced any incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks due to his back disability.

The Board found that the proposed reduction from a 40 percent to a 20 percent rating for the service-connected thoracolumbar spine disability was improper due to lack of evidence demonstrating sustained, material improvement in the Veteran's condition under ordinary conditions of life.

The Veteran's service-connected degenerative changes of the lumbosacral spine and cervical spine with disc herniation at C5-C6 and C6-C7 have been granted, but only a separate compensable rating for objective neurological abnormalities associated with the lumbosacral spine has been awarded. The cervical spine issue remains unresolved.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated during service and is unrelated to active duty. The disability, first diagnosed after separation from service, does not meet the criteria for presumptive service connection.

The Veteran's claim for higher ratings for his low back strain prior to April 7, 2009 and since that date was denied. He is currently rated at 40 percent for the condition.

The Board has determined that the Veteran's sleep disorder, including sleep apnea and narcolepsy, did not manifest during service or within one year of discharge. The medical evidence does not support a link between his in-service symptoms and current conditions.,There is no evidence showing that the Veteran's low back disability was present during service or within one year after discharge. The Board finds that secondary service connection for the low back disability due to sleep apnea cannot be established.

The Board found that the appellant's low back disorder is not etiologically related to his service, specifically his INACDUTRA period in November 2002.

The Veteran's appeal includes claims for various disabilities, including bilateral hearing loss and low back disability. The case is being remanded to obtain additional medical records and adjudicate the issues.

The Board has granted a 40 percent rating for service-connected lumbar strain effective from December 5, 2012. The Veteran's right and left lower extremity radiculopathy are rated separately.

The Board has ordered a remand to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claim for service connection for his back disability.

The Board has determined that the Veteran's current degenerative disease of the lumbar spine is related to an in-service injury, and thus service connection is granted.

The Veteran's appeal is being remanded for additional development, including a new VA examination and VCAA notice.

The Veteran's low back disability is rated at 40 percent since March 19, 2010. He also has separate ratings for radiculopathy of the left and right lower extremities.