Back / lumbar spine Board decisions

The Board found that the reduction of ratings for allergic rhinitis and degenerative joint disease of the lumbar spine were proper, but denied the severance of service connection for hemorrhoids due to lack of evidence of aggravation during active duty.

The Veteran's service-connected degenerative disc disease of the cervical spine was initially granted with a 10 percent rating from December 2, 2002 to March 26, 2006. On and after March 27, 2006, he received an increased rating to 20 percent.

The Board finds that the Veteran's current low back disability is related to his active military service, and grants the claim for service connection.

The Board has found that the Veteran's PTSD is likely related to his service, warranting service connection.

The Board found that degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and denied the claim.

The Board has determined that the Veteran's back disorder, heart condition (atriial fibrillation), bilateral hearing loss, and loss of bone from the jaw are all service-connected.

The Veteran's degenerative disc disease with disc herniation, left C7 nerve root compression, and unsteadiness is currently rated at 20 percent disabling. His cervical radiculopathy affecting the left upper extremity has been evaluated as non-compensable.

The Veteran's degenerative disc disease at L5-S1 with intermittent sciatica of the lower extremities was granted an initial evaluation of 20 percent effective January 27, 2010.

The Veteran's bilateral hip and lumbosacral strain disabilities have been granted with initial ratings of 10 percent for the right hips, effective October 22, 2003. The left hip disability has a separate rating of 10 percent. The lumbosacral strain was initially rated noncompensable but increased to 10 percent.

The Board has determined that osteoarthritis of the lumbar spine is presumed to have been incurred in service.

The Veteran's DDD and DJD of the lumbar spine have been granted an initial rating of 20 percent, effective March 14, 2003.

The Veteran's claim for an increased evaluation for her low back strain disability is being remanded due to the need for updated treatment records and a VA examination.

The Board has determined that the Veteran's degenerative disc disease with history of back strain does not meet or approximate the criteria for a rating higher than 10 percent. The claim for increase in migraine headaches is REMANDED to allow for further development.

The Board denied the appellant's claim for DIC based on a new and material evidence finding, but found that she is not entitled to SMP due to her inability to require regular aid and attendance of another person.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling due to chronic pain resulting in limited forward flexion. The Board finds that the criteria for a higher rating are not met.

The Veteran's service-connected posttraumatic degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective September 26, 2008. The VA examination revealed forward flexion to 50 degrees and extension to 12 degrees, with no less than these findings. This does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's claim of entitlement for service connection for a lumbar spine disorder, finding that there was no evidence of chronic or recurrent symptoms since service and attributing any current condition to non-service-related causes.

The Board denied attorney fees for past-due benefits as the November 2009 RO decision granting service connection for a lumbosacral strain was based on an original claim without any NOD, and thus does not meet the criteria for attorney fees.

The Board has found that the Veteran's current low back disability may be reasonably associated with an in-service injury, and thus service connection is granted.

The Board has determined that the Veteran does not have a low back disability incurred in or aggravated during active military service.