Back / lumbar spine Board decisions

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following any substantially gainful employment.

The Veteran's appeal for service connection of a back disorder has been dismissed due to the death of the appellant.

The Board denied the Veteran's claims of service connection for low back and right knee disorders.

The Board has remanded the case due to incomplete records and need for further medical examinations.

The Board found that there was no additional low back disability due to VA negligence or fault, and thus compensation benefits under 38 U.S.C.A. § 1151 are not warranted.

The Board has remanded the case for further development and to schedule a videoconference hearing before a Veterans Law Judge.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no clear and unmistakable evidence to rebut the presumption of soundness. The Veteran's pre-existing back condition did not undergo an increase in severity during his military service.

The Board has found that new and material evidence has been received to reopen the claim of entitlement to service connection for a back disability. However, further development is required with respect to the underlying service connection claim.

The Veteran's claims for service connection of various orthopedic and neurological conditions have been denied as there is no competent evidence showing a nexus between the current disabilities and service.

The Board finds that the reduction from a 40 percent disability rating to a 20 percent disability rating for lumbar strain and degenerative disc disease (DDD) of thoracic spine, effective March 1, 2008, was not proper based on the evidence.

The Board has dismissed the appeal of the issue regarding service connection for bilateral hearing loss. The Veteran's adjustment disorder is rated at 50 percent throughout the appeal period.

The Veteran's low back disability, including residuals of a low back injury, began during service and the Board finds that service connection is warranted.

The Board has determined that the Veteran's disc protrusion at L5-S1 is due to symptoms of nightmares attributed to his service-connected anxiety disorder, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability due to new and material evidence. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issue.

The Veteran's degenerative disc disease of the lumbar spine is not shown to warrant a rating in excess of 20 percent, as it does not meet the criteria for higher ratings based on limitation of motion or incapacitating episodes.

The Veteran's lumbar spine disability and associated radiculopathy are currently rated at 40 percent, effective from April 28, 2009. The Board finds no basis for a higher rating.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further consideration.

The Board has determined that the Veteran's low back disability is related to his service, and thus grants service connection for this condition.

The Board found that the Veteran's bilateral hip disorder and chronic low back pain were not incurred in or aggravated by active service, and are not proximately due to or the result of a service-connected disability.

The Veteran's service-connected degenerative joint disease of the thoracic and lumbosacral spine is not shown to be manifested by unfavorable ankylosis or intervertebral disc syndrome, so his claim for a higher rating is denied.