Back / lumbar spine Board decisions

The Veteran's service-connected conditions have prevented him from securing and following substantially gainful employment.

The Veteran's cervical spine degenerative disk disease is currently rated at 20 percent, which meets the criteria for a higher rating.

The Board determined that a timely substantive appeal was not filed following the July 2008 rating decision denying service connection for various disabilities.

The Board has determined that the Veteran's low back disorder is secondary to his service-connected left ankle disability, and thus service connection for this condition is granted.

The Board has granted service connection for peripheral neuropathy of the lower extremities, lumbar spine disability, and tailbone disability as secondary to the Veteran's service-connected residuals, compression fracture, T12 with arthritis.

The Board has determined that the Veteran's current lumbar spine disability, including a disc herniation at L5-S1, is likely due to an injury sustained during his period of active duty for training (ACDUTRA) in November 1987. As such, service connection is granted.

The Veteran's appeals for increased ratings for a lumbar spine disability have been dismissed as the Veteran has withdrawn his appeal.

The Board has remanded the case for additional development, including obtaining treatment records and providing a VA examination to determine if the Veteran's back disability is related to military service. The claim will be readjudicated based on the new evidence.

The Board found that the preponderance of evidence is against the Veteran's claims for service connection for a lumbar spine disability, left knee disability, bilateral leg disability other than a knee disability, and bilateral shoulder disability.

The Board denied service connection for the Veteran's claimed right knee, right foot, and right ankle disorders, as well as a disorder of bilateral toes other than the right toe hallux valgus, and low back disorder. The Board found no credible evidence of chronic pathology of any joints or toes other than the right great toe for more than 20 years after service.

The Board finds that the Veteran's lumbar spine disorder is caused by his service-connected pes planus, and grants service connection for this condition as secondary to his service-connected pes planus.

The Veteran's lumbar spine disability is not shown to meet the criteria for a higher initial rating prior to August 15, 2005 and/or from that date. The current evaluation of 40 percent adequately reflects his disability.

The Board found no evidence linking the Veteran's current back disability to his service, and thus denied his claim for service connection.

The Board denied reopening of the Veteran's claims for service connection for hip and back disabilities, finding no new and material evidence to support these claims.

The Board has remanded the Veteran's claim for service connection for a low back disability due to inadequate examination and treatment records. The case is now pending further development.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection and TDIU. This includes obtaining her service treatment records, VA treatment records, and any relevant private medical records. The Veteran will also be scheduled for appropriate examinations to address the etiology of her current left shoulder and low back disorders.

The Veteran's lumbosacral spine disability has not been productive of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks, and therefore, does not meet the criteria for an evaluation in excess of 40 percent.

The Veteran's lumbar spine disability is rated at 40 percent disabling since September 27, 2007. The Board finds that the criteria for a higher rating are not met and thus denies an increased rating. The Veteran's TDIU claim is granted.

The Veteran's service connection claims for residuals of torsion of the left testicular appendix and L5-S1 disc protrusion and bilateral foraminal stenosis have been granted. The Veteran continues to experience symptoms related to these conditions.