Back / lumbar spine Board decisions

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the Oakland, California location.

The Veteran's claims for a higher disability rating and TDIU are being remanded due to the need for additional development.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and is not otherwise a result of active military service or a service-connected disability.

The RO properly calculated the combined schedular disability rating for the Veteran's service-connected disabilities following increases in ratings for individual disabilities by a December 2010 rating decision, and he is not entitled to a higher combined rating.

The Board has determined that the Veteran's lumbar spine disorder, sleep apnea, silicosis, and residuals of head trauma are not related to service. The preponderance of evidence is against these claims.

The Board has remanded the case for additional development, including scheduling a VA spine examination and an addendum to the January 2010 VA examination report regarding sinusitis. The Veteran's increased rating claims for back disability and right maxillary and frontal sinusitis will be reconsidered after this additional development.

The Board has determined that the Veteran's current back disorder is related to an injury sustained during active service, and grants service connection for this condition.

The Veteran's spine disability, thoracolumbar myositis and lumbosacral disc disease with a bulging disc at L5-S1, is not productive of unfavorable ankylosis or incapacitating episodes having a total duration of six weeks or more during any one-year period. Radiculopathy has not been clinically established; electronic testing has been negative.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and providing the Veteran with a new examination to assess his employability due to service-connected disabilities. The claim will also be referred to the Director of Compensation and Pension Services for consideration of an extraschedular TDIU rating.

The Board has determined that the Veteran's low back disability was not incurred or aggravated by active service and is not related to his military service. The claim for service connection is denied.

The Board found that the Veteran's low back disability did not manifest during service or ACDUTRA, and is unrelated to his service. The claim for service connection was denied.

The Board denied a rating in excess of 40 percent for lumbar degenerative disc disease, finding that the appellant's disability did not meet criteria for ankylosis or unfavorable ankylosis. The maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine is 40 percent.

The Board denied the Veteran's claims of service connection for left leg pain, right leg pain, and low back disorder. The examiner found that any current left or right leg disorders did not pre-exist service and were not incurred in or aggravated by service.

The Veteran's claims for service connection were denied as the evidence did not establish that his current left knee and low back disabilities are related to active military service. The Board found no new and material evidence to reopen the claim for a left knee disability, and concluded that the Veteran's current conditions are not caused or aggravated by any service-connected condition.

The Board has reopened the Veteran's claims for service connection for low back disability and degenerative disc disease of the cervical spine, finding new and material evidence. The claims are now pending before the RO for further evaluation.

The Board has remanded the case for additional development, including obtaining medical records from SSA and scheduling a VA examination to determine if the Veteran's current left knee disability was incurred or aggravated in service. The back issue is also being addressed.

The Veteran's appeal for service connection on the issues of right shoulder, right knee, left knee, bilateral eye disorder, right ear hearing loss, and sinusitis has been withdrawn.

The Veteran's diabetes mellitus, type II is granted as presumed due to herbicide exposure during service. Other claims are denied.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 50 percent for PTSD, and service connection claims for a right shoulder disability, a lumbar spine disability, a cervical spine disability, and tinnitus.

The Veteran's appeal is being remanded due to the passage of time since her last VA examinations and for additional development, including a new examination for both scoliosis and depressive disorder.