Back / lumbar spine Board decisions

The Veteran's service connection claims for residuals of concussion and laceration to the head, headaches, status-post L4-L5 hemilaminectomy and diskectomy with radicular symptoms, degenerative disc disease, and lumbar scoliosis, and upper back pain have been granted. The Veteran has current scar residuals from a face and head injury in service, but no other service-connected disabilities are established.

The Board granted a 40 percent rating for the Veteran's service-connected thoracolumbar spine disability, effective from the date of claim. The other issues were either denied or not addressed in this decision.

The Board found that the appellant's back and psychiatric disabilities were not incurred or aggravated by service, and thus denied his claims.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's back disorder and bilateral lower extremity peripheral neuropathy, as well as whether these conditions are related to his active duty service. The case will be remanded for this purpose.

The Veteran's low back disability is not rated higher than 10 percent, and his bilateral elbow tendinitis does not warrant a compensable evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining in-service treatment records and scheduling a VA examination to assess the severity of his bilateral pes planus.

The Veteran's service-connected low back disorder is not manifest by forward flexion of the thoracolumbar spine 30 degrees or less, ankylosis, associated neurologic impairment, nor incapacitating episodes as defined by VA regulations which have a total duration of at least 4 weeks but less than 6 weeks during a 12 month period. Therefore, his claim for a rating in excess of 20 percent is denied.

The Veteran's service-connected lumbar spine degenerative disc disease with mechanical low back strain is not manifested by incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, lower extremity neurological impairment, or unfavorable ankylosis of the entire thoracolumbar spine.,For the period from September 18, 2006 to October 25, 2009, the Veteran was in receipt of the maximum schedular evaluation for his service-connected right shoulder degenerative joint disease and was not shown to present an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.,For the period from October 26, 2009, the preponderance of the probative evidence shows that the Veteran's service-connected right shoulder degenerative joint disease was productive of no more than, at best, right arm limitation of motion midway between the side and shoulder level.

The Board denied the Veteran's claims for higher initial evaluations for his service-connected degenerative disc disease at L4-L5 with radiculopathy, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to October 13, 1988 and 40 percent prior to January 25, 1994.

The Board has granted service connection for the Veteran's left arm, cervical (neck), and left shoulder disorders. The lumbar spine disorder was previously granted in a prior rating decision.

The Board has granted service connection for asthma, finding that the Veteran's current condition is related to his active duty service. Service connection was denied for a back disorder and left foot stress fracture residuals.

The Veteran's claims for service connection for various symptoms are denied as there is no credible evidence of a chronic disability due to Gulf War service.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA orthopedic examination to determine the etiology of the Veteran's claimed low back and bilateral ankle disabilities.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, finding no evidence of in-service injury or disease that could be linked to his current symptoms.

The Board found that the Veteran's back disability existed prior to service and was not aggravated during service, thus denying his claim for service connection.

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability, as their combined rating is 30 percent. The claim will be referred to the VA Director of Compensation and Pension Service for consideration on an extraschedular basis.

The Veteran is seeking a higher rating for his service-connected degenerative joint disease (DJD) of the lumbosacral spine. The RO previously granted service connection and assigned a non-compensable rating, but now seeks to determine if a compensable rating should be assigned based on recent medical evidence.

The Board denied the Veteran's claims for increased ratings for his service-connected low back disability and right hip bursitis, finding that the evidence did not meet the criteria for higher evaluations under VA rating criteria.

The Board has determined that the Veteran's low back disability is not related to his active service and denied his claim.

The Veteran's claims for effective dates prior to December 7, 2004 for the grant of service connection for right knee osteoarthropathy and lumbar spondylosis were denied as there was no evidence showing entitlement arose before that date.