Back / lumbar spine Board decisions

The Board has remanded the case for additional development, including VA examinations to determine if service connection can be established for low back disorder, left and right knee disabilities, and bilateral pes planus.

The Board is remanding the case to provide proper notice regarding what constitutes new and material evidence for reopening the claim of service connection for a low back disorder.

The Board denied the Veteran's claim for extension of a temporary total evaluation based on post-surgical convalescence beyond April 1, 2008 following his low back surgery in January 2008 due to lack of evidence showing severe postoperative residuals.

The Veteran's service-connected disabilities, including left tibia and fibula fracture with traumatic arthritis of the left ankle, fracture of proximal left femur with shortening, and degenerative joint disease of lumbosacral spine associated with residuals of the femur, are rated at their maximum levels.

The Veteran's back disability was rated at 60% effective April 9, 1992. TDIU benefits were granted effective April 9, 1992. The appellant is eligible for DIC under 38 U.S.C.A. § 1318.

The Board has granted an increased disability rating of 60 percent for the service-connected low back disability, effective December 13, 1999.

The Board found that the Veteran's arthritis of multiple joints, including shoulders, elbows, hands, hips, and ankles, was not incurred in or aggravated by active service. The Board also noted that his back pain in service was acute and transitory, and did not establish a link to current arthritis.

The Veteran's appeal is being remanded for further examination and opinion regarding service connection claims, including a low back disability secondary to hearing loss and an ulcer disease secondary to the low back disability. The adjustment disorder claim will also be readjudicated.

The Board denied the Veteran's claims for an increased rating for his service-connected low back strain and TDIU, finding that the evidence did not support a higher evaluation or entitlement to TDIU.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine from March 25, 2010.

The Board has determined that the Veteran's lumbar spine disorder is reasonably related to his military service and grants the claim for service connection.

The Veteran's service-connected degenerative disc disease of the lumbar spine with mechanical low back pain was found to warrant a rating of 40 percent effective March 30, 2010. The claim for TDIU remains pending.

The Veteran's claim for an increased evaluation for bilateral hearing loss prior to June 4, 2010 was denied. The claim for a higher evaluation for bilateral hearing loss since June 4, 2010 is also denied.

The Board has determined that the Veteran's current low back disorder is not attributable to his military service and thus denied his claim for service connection.

The Board found that the Veteran's current back disability did not begin in service and is not related to his military service, including parachute jumps. The claim for service connection was denied.

The Board found that the Veteran's claims for service connection for thoracolumbar and cervical spine disorders were not timely appealed, and thus denied them. The claim was reopened due to new evidence received within a year of the April 2006 rating decision.

The Veteran's claim for an initial evaluation in excess of 20 percent for his degenerative joint and disc disease of the lumbosacral spine was denied. His application to reopen his service connection claim for this disability was granted, effective January 3, 2007.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and consideration of his back pain and mental health conditions.

The Board has granted service connection for right knee strain with patellofemoral syndrome, left knee strain with patellofemoral syndrome, and low back strain with mild spondylosis. Service connection was denied for a left foot condition.

The Veteran is seeking to reopen his claim for service connection of a low back disability, specifically intervertebral disc syndrome. The Board has decided to remand the case for additional development.