Back / lumbar spine Board decisions

The Veteran's service-connected disabilities, which include low back strain, fracture of the right tibia/fibula with hip pain and altered gait, right hip strain, ankle strain, and left hip degenerative joint disease, do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to the need to obtain Social Security Administration records and further development of evidence.

The Board denied the Veteran's claims for service connection for a left hip disability, an evaluation in excess of 20 percent for his thoracolumbar spine disability, and TDIU. The primary issue was whether the Veteran's thoracolumbar spine disability warranted a higher rating based on limitation of motion.

The Veteran's service-connected disabilities, including degenerative disc disease/degenerative joint disease of the lumbar spine, left foot pes planus with arthritis, posttraumatic arthritis of the left shoulder, and pes planus of the left foot, collectively render him unemployable.

The Board found that the Veteran's carpal tunnel syndrome and back disability did not manifest in service or are otherwise related to her military service, thus denying her claims for service connection.

The Veteran's service-connected conditions have been rated appropriately, with no need for higher ratings.

The Veteran's cervical spine disability is presumed to have been incurred during service due to its manifestation within one year of separation. His seizure disorder, characterized as primary generalized tonic clonic seizures, is also presumed to have been incurred during service in the Gulf War theater.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disorder. The evidence now supports a finding that the Veteran developed a herniated nucleus pulposus at L5-S1 during his period of active, honorable service which led to chronic low back pain and radiculopathy.

The Veteran's GERD with diarrhea was granted an initial evaluation of 30 percent, effective September 4, 2007. The lumbar spine disability received a separate 10 percent rating for irritable bowel syndrome and a 20 percent rating for degenerative disc disease. Left leg radiculopathy received a 30 percent evaluation.

The Veteran's claim for an initial disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine is being remanded due to a lack of recent VA examination and outstanding service treatment records.

The Veteran's appeal includes claims for service connection for various conditions, including hearing loss, tinnitus, a lumbar spine disorder, a right elbow disorder, gastritis, and PTSD. The RO has denied these claims in part and remanded the case for further development.

The Veteran withdrew her appeal regarding the issue of service connection for a low back disability.

The Board is remanding the Veteran's claims for a back disorder and bursitis of multiple joints due to inadequate notice in the December 2008 decision, and because there are reasonable theories of entitlement raised by the record.

The Veteran's initial ratings for degenerative disc disease of the cervical and lumbar spine were granted, with a rating of 10 percent each. The claims are currently under appeal for higher ratings.

The Veteran's chronic lumbosacral strain was rated at 20 percent from May 28, 2005, and the Board denied a higher rating.

The Veteran's claim for an increased evaluation for his service-connected lumbar spondylosis with canal stenosis and nerve root compression is being remanded due to the need for a new Board hearing.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records since April 2011 and scheduling a new VA examination. The issue of entitlement to an initial disability rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative arthritis of the lumbar spine will be reconsidered.

The Veteran's lumbar spine osteoarthritis warrants a 20 percent initial rating effective February 1, 2012. The VA found that the disability resulted in forward flexion of the thoracolumbar spine being limited to 60 degrees.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Board finds that the Veteran's back disorder, including his congenital hemangioma at L-1, was not caused or aggravated by service. The evidence does not support a finding of service connection.