Back / lumbar spine Board decisions

The Board has remanded the case for further development, including obtaining VA medical records from Allentown VAMC.

The Board found that the Veteran's current back disorder is not related to his service, and denied his claim for service connection.

The Veteran's bilateral weak feet are currently rated at 30 percent, which is the maximum schedular rating available. The Board finds that his symptoms most closely approximate those under DC 5284.

The Veteran's thoracic strain and lumbosacral degenerative disc disease are currently rated at 10 percent, but do not meet the criteria for a higher rating based on limitation of motion or neurological involvement.

The Veteran's low back strain with degenerative changes and degenerative disc disease is currently rated as 10 percent disabling effective February 25, 2003.,A separate 10 percent rating for bilateral radiculopathy of the lower extremities is also in effect since February 25, 2003.

The Board has remanded the Veteran's claims for increased ratings due to additional evidence received and need for further examination.

The Veteran's claim for restoration of a 40 percent rating for degenerative disc disease status-post L4-L5 fusion is granted, effective from June 1, 2007. The case is now REMANDED to schedule the Veteran for a VA examination to assess his current level of disability.

The Board has reopened the claim for service connection for a back disorder due to new and material evidence. However, it is not established that the Veteran's current back disorder or peripheral neuropathy of the bilateral lower extremities are related to his military service.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with left lower extremity radiculitis is being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's claim for higher ratings for cervical and lumbar spine disabilities was granted, with the cervical spine receiving a 20 percent rating effective June 1, 2007.

The Veteran's claims for service connection were granted, and he was assigned a rating of 30 percent for his PTSD. The Board also found that the Veteran did not have sleep apnea or hepatitis C due to service, but he does have tinnitus, headaches, anxiety disorder, depression disorder, lower back disorder, upper back disorder, bilateral hearing loss, and bilateral hand disorders related to service.

The Veteran's claim for an initial rating higher than 10 percent for scoliosis of the lumbar spine is being remanded due to a need for further examination and evaluation.

The Board found that the Veteran's cervical spondylosis with multi-level degenerative disc disease was not incurred in or aggravated by service, nor is it shown to be related to a service-connected disability. The claim for secondary service connection based on post-concussion headaches was also denied.

The Board has remanded the case for additional development, including scheduling a VA examination and considering whether an additional examination is necessary.

The Veteran's claims for increased ratings for residuals of a fracture of the left femur with left knee restriction and low back strain have been dismissed due to the death of the Veteran during the appeal process.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for hypertension. The low back disability claim was remanded for further development.

The Board denied the Veteran's claims for service connection for a low back disorder and seizure disorder, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected chronic lumbar strain with degenerative arthritic changes is not manifested by unfavorable ankylosis of the entire thoracolumbar spine, and therefore, a higher disability rating than 40 percent is not warranted.

The Veteran withdrew his appeal regarding the extraschedular evaluations for chronic low back strain, torn left knee ligament, and torn right medial meniscus with chondromalacia.

The Veteran's headaches, arthritis of the spine, and bilateral hearing loss are all found to be related to service. The Board granted service connection for these conditions.