Back / lumbar spine Board decisions

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's service-connected intevertebral disc disease of the lumbar spine is currently rated as 10 percent disabling, effective November 21, 2012. The rating remains unchanged for both periods prior to and after this date.

The Board found that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for a back disorder, and thus denied reopening of the claim.

The Board has determined that an effective date prior to February 28, 2007 for the awards of service connection for right (major) shoulder strain, left hip strain, lumbar strain, bilateral tinnitus, pes planus, left lateral leg scar residuals, post-operative pilonidal cyst removal scar residuals, and psoriasis is not warranted.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, which corresponds to limitation of flexion to 30 degrees and no evidence of favorable ankylosis. The rating reflects a significant impairment but not incapacitating episodes.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of herbicide exposure. The cause of death was metastatic lung cancer.

The Board has determined that the character of discharge for the Veteran's period of service was dishonorable due to felony convictions associated with rape and attempted rapes. The claims for mental trauma, sexual dysfunction, lumbar spine disorder (residuals of back strain), bilateral knee disorder (arthritis of knee), and acquired psychiatric disorder to include PTSD have all been denied as they are not supported by the evidence.

The Board has granted service connection for COPD and a lumbar spine disability, but the claims for bronchitis, chest pain, and hypertension are remanded due to incomplete development of the record.

The Board found no evidence of a left upper extremity disability, including a minor radial head injury. The Veteran's low back disorder was diagnosed but the VA examiner opined that it is less likely as not caused by or aggravated by service.

The Board found that the Veteran's low back disability and bone spurs of the spine were not incurred or aggravated by active duty service. The claims are denied.

The Veteran's claim for increased ratings for degenerative disc disease of the lumbar spine was denied. The Board found that prior to July 2, 2009, his disability did not meet the criteria for a rating in excess of 10 percent and since then, it has not met the criteria for a rating in excess of 20 percent.

The Board found that the Veteran's current lumbar spine disorder is not related to service and denied his claim for service connection. The bilateral leg condition was also denied as it was determined to be unrelated to a service-connected disability.

The Board has ordered a remand due to the need for additional development, including obtaining VA Medical Center treatment records and scheduling an examination. The Veteran's claim of service connection for a low back disability is currently before the Board.

The Veteran's claim for service connection for decreased libido, claimed as secondary to his service-connected spina bifida occulta with mechanical low back pain, is being remanded due to the need for additional development and an examination.

The Veteran's service-connected low back disability has been rated at 40 percent effective January 9, 2013. The Board found that the evidence did not support a higher rating before this date.

The Veteran's appeal has been dismissed as he withdrew his claims in a written statement.

The Veteran's POEMS syndrome and lumbar spine degenerative disc disease with erectile dysfunction are service-connected, and he is currently rated at the highest available disability rating for these conditions.

The Veteran's claim for service connection for diabetes mellitus, left knee disorder, lower back disorder (claimed as due to a left knee disorder), and PTSD was granted. The effective date of the 100% disability rating for PTSD is October 23, 1998.

The appellant's combined rating is 70 percent with one disabilities rated at 50 percent. The objective and credible medical and other evidence of record preponderates against a finding that the appellant is permanently and totally disabled due to his non-service-connected disabilities.

The Veteran's claims for increased ratings were denied. The cervical spine was rated as 10 percent prior to April 22, 2009 and as 20 percent thereafter. The lumbar spine was rated as 10 percent prior to April 22, 2009 and as 40 percent from April 22, 2009 to September 23, 2010.