Back / lumbar spine Board decisions

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from September 2006. The Board finds that a higher rating is warranted based on the evidence showing significant limitation of motion.

The Board has remanded the case for further development, including obtaining additional service personnel and treatment records to verify the appellant's periods of service and any diseases or injuries sustained in the line of duty. The Veteran's claims for service connection for low back disorder and cervical spine disorder will be reviewed based on the newly obtained evidence.

The Veteran's combined service-connected disability rating from January 1, 2007 is 60 percent. The medical evidence does not demonstrate that his service-connected epilepsy, left shoulder rotator cuff tear, L5-S1 degenerative disc disease, and tinnitus alone render him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbosacral strain is currently rated at 20 percent, the maximum schedular rating available under VA guidelines.

The Veteran's cervical strain is not related to his military service or the service-connected thoracolumbar strain. The Veteran's low back disorder has not been manifested by disability equating to limitation of flexion of the thoracolumbar spine to 30 degrees or less.

The Board has determined that the Veteran's currently diagnosed lower back disorder, specifically degenerative disc disease of the lumbar spine, status post microdiscectomy, began during his active military service and grants service connection for this condition.

The Board found no evidence to support the Veteran's claim that his current back disability is related to service, including two in-service injuries. The medical records showed treatment for post-service injuries and no continuity of symptoms since service.

The Veteran does not have a low back disability that is the result of disease or injury incurred in or aggravated during active military service. The Board finds that he does not have bilateral hearing loss and tinnitus as a result of his active military service.

The Veteran's acquired psychiatric disorder (PTSD), bilateral flat feet, and chronic low back strain are all found to be related to his military service. The claim for increased disability evaluation for the lumbar spine is granted.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes was denied, as his disability did not meet the criteria for a higher evaluation. The claims for service connection of cervical spine and left arm/shoulder disabilities were also denied.

The Board has determined that the Veteran's low back disability was not incurred or aggravated during active duty service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA spine examination and verification of Vocational Rehabilitation status.

The Board finds that the Veteran's right shoulder disability, manifested by residuals of a strain, is due to an injury sustained during his period of active service. The claim for service connection for back disability has been reopened and granted. However, new and material evidence was not presented to reopen claims for left shoulder disorder and right ankle disorder.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records. The Veteran's claim will be reconsidered based on the new evidence.

The Board has reopened the Veteran's claims for service connection for a back disorder and residuals of pilonidal cyst, but denied them on their merits. The decision is mixed as some issues were granted while others were not.

The Board denied service connection for tinnitus and bilateral hearing loss, as well as residuals of lumbosacral strain. The Veteran's claim was not reopened due to lack of new and material evidence.

The Veteran's service-connected conditions have been rated, with the exception of the residuals of right tibia stress fractures and pseudofolliculitis barbae, which are assigned noncompensable ratings. The RO has granted a 10 percent rating for degenerative changes of the lumbosacral spine.

The Veteran's current 20 percent evaluation for mechanical low back pain with early degenerative changes is found to be inadequate due to the presence of forward flexion greater than 30 degrees and no evidence of ankylosis.

The Board has granted service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of the cervical spine, headaches, and a disorder manifested as chest pains.

The Veteran's claim for an increased evaluation for his service-connected cervical strain is being remanded to allow for further development, including a VA examination.