Back / lumbar spine Board decisions

The Veteran's appeal has been dismissed as he withdrew his appeal through his authorized representative.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative joint disease was denied. The Board found that the current 20 percent rating adequately reflects the severity of his disability.

The Board has determined that the Veteran's back disability was not incurred in or aggravated by active service and cannot be presumed to have been so incurred. The claim for service connection is denied.

The Board has reopened the Veteran's claims for service connection for a back disability and right knee meniscectomy residuals, but finds that there is no evidence to support these conditions being related to his service-connected left knee disability.

The Veteran's service-connected lumbar spine disability is currently evaluated as 20 percent disabling, and the Board finds no evidence to warrant a higher rating based on current functional limitations.

The Veteran's claim for an increased rating for his low back disability has been denied as there is no evidence of unfavorable ankylosis or incapacitating episodes sufficient to warrant a higher evaluation under the applicable VA rating criteria.

The Veteran's appeal has been dismissed due to his death.

The Board found that there was no evidence to support the Veteran's claim for additional disability resulting from VA surgery, and thus denied his claims.

The Veteran's service connection claim for a psychiatric disorder is granted. The Board finds that the evidence supports her current psychiatric disabilities, which are likely related to in-service stressors and domestic abuse.

The Board has granted a motion to reschedule the Veteran's hearing at the RO in Montgomery, Alabama due to her failure to appear for a previously scheduled hearing. The case is now REMANDED for scheduling a Travel Board hearing.

The Board found that the appellant's service-connected back disability was not entitled to an increased rating in excess of 40 percent prior to November 1, 2008. The reduction from 40 percent to 20 percent for his service-connected back disorder and from 10 percent to a noncompensable rating for his service-connected scar were both found to be proper based on the evidence at the time of the reductions.

The Veteran's claims for increased ratings and a temporary total disability rating based on surgery were denied as he did not meet the criteria for these evaluations.

The Veteran's appeal is being remanded for additional development of his claim, including obtaining medical records and considering new evidence submitted by the Veteran.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain additional service treatment records and possibly conduct further medical examination.

The Veteran's claims for service connection for various disorders as secondary to her service-connected left knee disability are being reopened. The Board is requesting additional medical opinions and records in order to properly assess the relationship between these conditions and her service-connected left knee disorder.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected L5-S1 degenerative disc disease with spondylosis and whether any claimed hip, knee, or foot disorders are secondary to this condition. The AOJ should also obtain relevant private medical records.

The Board has remanded the Veteran's claim for a rating in excess of 40 percent for fibromyalgia, previously evaluated as cervical strain and lumbosacral strain. The case is being remanded to determine whether separate ratings are warranted for the Veteran's back and cervical symptomatology as distinct from her fibromyalgia.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the preponderance of evidence did not meet the criteria for a schedular rating in excess of 20 percent for lumbosacral strain with osteoarthritic changes, met the criteria for a 30 percent schedular rating for left patellofemoral syndrome from October 27, 2006 through December 26, 2006, and did not meet the criteria for any increased ratings or TDIU.

The Board found that the Veteran's low back, left hip, and mental disorders were not incurred in or aggravated by active service. The evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's claims for service connection for a back disability with sciatic pain, peripheral neuropathy of the bilateral lower extremities, and peripheral neuropathy of the bilateral upper extremities have been denied as there is no competent medical evidence to support these claims.