Back / lumbar spine Board decisions

The Board found that the Veteran's diagnosed lumbosacral and cervical spine disabilities did not manifest due to service, and thus denied his claims for service connection.

The Board found no probative evidence suggesting the Veteran's current low back disorder is attributable to his military service, including especially an injury sustained during training in June 1975.

From May 9, 2008, the Veteran's lumbosacral spine radiculopathy is manifested by a herniated disk with nerve root impingement of the L5-S1 nerve distribution causing moderate to severe impairment, including pain, numbness and weakness of the left lower extremity and foot. The VA has granted a 40 percent rating for this condition.

The Board has vacated its April 9, 2010 decision denying the Veteran's claims for ratings in excess of 10 and 20 percent for his right knee and low back disabilities. The claim for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is being remanded to the RO. The claim for a rating in excess of 10 percent for post-operative right knee plica excision with scars remains denied.

The Veteran's skin disorder, back disorder, bilateral foot and ankle disorders, and bilateral knee disorders are being remanded for further development to determine their etiology.

The Board found that the Veteran's back disorder is not related to his service-connected varicose veins and denied the claim for secondary service connection.

The Board has remanded the case for further development, including obtaining records related to a workers' compensation claim and scheduling the Veteran for an examination to determine the etiology of his lumbar spine disability.

The Veteran's claim for special monthly pension based on the need for aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit.

The Board has reopened the claim for service connection for low back disability, but it is unclear whether the new evidence establishes a direct link to service or if it merely indicates that the Veteran's current condition may be related to his military service.

The Veteran's original claim for service connection was received more than one year after his discharge from active duty, and thus the effective date of service connection is June 8, 2004.

The Board denied the Veteran's claims for increased evaluations for her mechanical low back pain, finding that the evidence did not support a higher evaluation prior to December 18, 2007 and on or after December 18, 2007.

The Veteran's appeal is being held in abeyance due to the intertwining of his peripheral neuropathy claim with a back disability claim. The Board will consider both claims together.

The Board denied the Veteran's claims for service connection for a cervical spine disorder, his claim to reopen for service connection for a low back disorder, and his claims for compensable ratings for brachial plexus compression. The decision also addressed whether he was entitled to a 10 percent rating under 38 C.F.R. § 3.324 for multiple, nonservice-connected disabilities and TDIU entitlement.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar disc disease with mild degeneration and disc herniation at L4-L5, is etiologically related to an incident of his military service. As a result, the claim for service connection is granted.

The Veteran's lumbar spine disability has been rated at 40% and is now rated at 60%, effective from the date of this decision. The Veteran also meets criteria for a TDIU, effective from the date of his claim.

The Veteran's appeal is being remanded for further development of his claims, including obtaining VA treatment records and arranging for examinations to assess the nature and severity of his hiatal hernia, low back disability, and bilateral knee disabilities.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a lumbosacral strain, bilateral hearing loss, spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD. The claims for service connection for the lumbosacral strain and bilateral hearing loss are denied on their merits, while the claims for spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD are reopened.

The Board denied the Veteran's application to reopen his claim for service connection of degenerative disc disease of the L4-5 region secondary to service-connected degenerative changes of the knees, finding that the evidence did not raise a reasonable possibility of substantiating the claim.

The Board denied service connection for a back disability and joint pain as there is no evidence of current disabilities at the time of adjudication.

The Veteran's claims for service connection for a dental disorder and back condition with intermittent radiculopathy and sciatica were denied. The claim for the dental disorder was denied as it is not compensable under VA regulations, while the claim for the back condition was denied on the basis that there was no evidence linking the current disability to service or service-connected conditions.