Back / lumbar spine Board decisions

The Board has determined that the Veteran's low back disability is related to an injury during active duty for training (ACDUTRA) and grants service connection.

The Veteran's claims for increased ratings for his thoracic and lumbar spine disabilities have been denied. His separate 10 percent ratings for post-operative residuals, compression fracture, of the thoracic spine and degenerative arthritis of the lumbar spine with pain on motion were maintained prior to July 18, 2009. As of July 18, 2009, his disability was rated as 40 percent disabling.

The Veteran's claims for increased evaluations for his service-connected lumbar spondylosis and degenerative disc disease have been denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 10 percent from June 16, 2003, to February 22, 2010; a 20 percent evaluation was granted effective February 22, 2010. The Veteran's claim for a higher evaluation on or after June 24, 2010, remains denied.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which he claims is related to his service-connected right hip disability. The Board has determined that additional development is needed before a decision can be made.

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine, osteoarthritis of multiple joints, and acid reflux disease were not incurred in or aggravated by service. The disorders are presumed to be related to his military service due to exposure to herbicide agents like Agent Orange.

The Veteran's appeal was denied for service connection of cervical radiculopathy of the bilateral upper extremities. The initial rating claims for multi-level disc syndrome of the lumbar spine were also denied, with a denial since February 3, 2006.

The Veteran's claim for an increased rating for his back disability was denied, as the evidence did not support a higher rating. The effective dates for TDIU and DEA were granted.

The Board found that the appellant's current lumbar spine disability is not related to his period of active duty for training in July 1993, and thus denied service connection.

The Veteran's low back disability is rated at 50% and the Board finds that he does not meet the criteria for a TDIU based on this rating alone.

The Veteran's appeal is remanded due to the need for additional VA examination and treatment records, as well as further development of his claim.

The Veteran's appeal is denied as the June 4, 1985 rating decision did not contain CUE in assigning an initial noncompensable disability rating for residuals of a left tibial fracture with osteoarthritic changes and chronic chondromalacia of the knee. The denial was based on the evidence showing no functional limitations.

The Veteran's service-connected degenerative disc disease of the cervical spine and thoracic spine have not met or more nearly approximated the criteria for a schedular evaluation in excess of 10 percent under the applicable diagnostic codes. Therefore, an increased initial rating is not warranted.

The VA denied increased evaluations for postoperative residuals of herniated disc, lumbosacral spine and tinea versicolor. The Veteran's back disability is currently rated at 40 percent disabling due to limitation of motion and pain.

The Board has determined that the Veteran does not have current low back or sinus disabilities and therefore, service connection for these conditions is denied.

The Veteran's claim for service connection for a right shoulder disability, left shoulder disability, and low back disability was denied. The Board found no evidence of a current acquired psychiatric disability related to service.

The Veteran's claim for a disability rating greater than 40 percent for lumbar spine DJD and DDD was denied as there has been no ankylosis, unfavorable or otherwise, of the thoracolumbar or entire spine during the appeal period. The Veteran's TDIU claim is addressed in the REMAND portion.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board found no evidence of a current disability related to the Veteran's claimed back, left hip, left ankle, and left knee disabilities. The Board also noted that there was no indication of an accident in service or any residual injuries from such an accident.

The Board has determined that the Veteran's current diagnosis of bilateral tinnitus is related to his service, and thus grants service connection for this condition. The other claims are pending further development.

The Veteran's spouse is not considered to be in need of regular aid and attendance based on the criteria set forth in 38 C.F.R. § 3.352(a).