Back / lumbar spine Board decisions

The Board has determined that the Veteran's acquired psychiatric disorder and lower back disorder were not incurred or aggravated by service, as there is no medical evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine spondylosis with left upper extremity radiculopathy were denied as they do not meet the criteria for a higher disability rating under VA regulations.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent prior to March 13, 2007; in excess of 40 percent from March 13, 2007 through September 29, 2009; and/or in excess of 20 percent from September 30, 2009.

The Board has remanded the case for additional development due to insufficient opinions and missing medical records.

The Veteran's service-connected degenerative changes of the lumbar spine are currently rated at 20 percent disabling. The claim for an initial evaluation in excess of 20 percent is denied, while entitlement to TDIU remains pending.

The Veteran's low back disability, characterized by chronic pain and radiculopathy, does not meet the criteria for a higher rating than 20 percent.

The Veteran's claim for service connection for lumbosacral sublux/strain/sprain has been granted, and the issue of an initial disability rating greater than 20 percent is now moot as the grant represents a complete resolution of the appeal.

The Board denied the Veteran's claims for reopening his service connection for low back disorder and pulmonary disorder due to lack of new and material evidence.

The Board denied the Veteran's claims of service connection for lumbar spine disability, bilateral hearing loss, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board has denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of the Veteran's death, finding that the Veteran did not meet any of the criteria in the applicable statute and regulation at the time of his death.

The Board has remanded the claims due to failure of the Veteran to report for VA examinations and requests that he provide information about his treatment history. The case will be returned after further development.

The Board has determined that the Veteran's current back disorder and PTSD are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran's service-connected right knee disability may have aggravated his pre-existing lumbar spine disorder, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted service connection for an acquired psychiatric disorder, including PTSD. The effective date is not specified.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and may not be presumed to have been so incurred. The claims for bilateral hearing loss and tinnitus are addressed in the REMAND portion of the decision.

The Veteran's combined disability evaluation is 70 percent, which meets the percentage requirements for a TDIU. The Veteran has been found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining treatment records and scheduling VA examinations.

The Board has determined that the Veteran does not have a current diagnosis of chronic athlete's foot, and there is insufficient evidence to establish service connection for this condition. The right wrist condition with pain was found to be related to military service, but the sinusitis claim was denied as there is no evidence of in-service injury or disease. Headaches were also found not to be secondary to a service-connected disability.

The Board found that the Veteran's tinnitus was not incurred in or aggravated by service. The right shoulder strain and low back disability issues are remanded for further examination and opinion.

The Veteran's service-connected lumbar spine disability was granted with a 10 percent evaluation effective January 4, 1993, and a 40 percent evaluation from January 3, 2006. The appeal is for an increased rating.