Back / lumbar spine Board decisions

The Board has remanded the case due to the need for further evidentiary development, including a VA examination.

The Veteran's claim for an earlier effective date for a TDIU was denied as the evidence did not establish that he was unemployable solely due to his service-connected disabilities prior to May 10, 1999.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine was aggravated during a period of active duty for training (ACDUTRA) in June 1998, and therefore service connection is granted.

The Veteran's appeals for increased ratings for lumbosacral degenerative disc disease and left leg radiculopathy have been dismissed due to his failure to respond within a year to VA requests for releases necessary to secure the further evidence needed for proper adjudication of these claims.

The Board found that the Veteran's back disability did not manifest during service or within one year of separation, and thus denied his claim for service connection. The same was true for his right and left knee disabilities.

The Board granted service connection for the lumbar spine disability and assigned an initial rating of 10 percent. The claimant is seeking a higher rating.

The Board denied service connection for a low back condition, finding that the Veteran's current low back disability is not related to her military service.

The Veteran's appeals for increased disability ratings were denied as he did not file a timely substantive appeal.

The Board has remanded the case due to the Veteran's absence from a previously scheduled hearing and requests for a new hearing at the RO.

The Board has remanded the case for further development, including verifying all periods of active duty and inactive duty training with the Puerto Rico National Guard, conducting VA examinations to determine the nature and etiology of the appellant's current back, right knee, left knee, cardiovascular (hypertension), and psychiatric disorders, and providing appropriate notice on secondary service connection.

The Board has remanded the appeal for additional development, including providing VCAA notice regarding pre-September 26, 2003 criteria for rating all other back disorders except intervertebral disc syndrome and considering both old and new rating criteria.

The Board has ordered a remand due to the need for another VA examination, as the previous one is deemed inadequate.

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

The Veteran's combined disability rating for nonservice-connected pension purposes is 70 percent, meeting the minimum schedular rating requirements and precluding him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for service connection for lumbar spine disability, adrenal gland disorder, orthopedic disability manifested by multiple joint aches and pains, and chronic disability manifested by multiple muscle aches and pains. The evidence did not support these claims.

The Veteran's back disorder, including arthritis, and the aggravation of pre-existing congenital scoliosis and shortening of the left leg are being remanded for additional development.

The Board has vacated the portion of its August 27, 2009 decision that addressed and remanded a claim for an initial evaluation in excess of 20 percent for low back disability. The other issues are not disturbed.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent. The Veteran's PTSD is currently evaluated as 30 percent disabling.

The Board found that the Veteran's pre-existing degenerative joint and disc disease of the lumbar spine did not undergo chronic increase in severity during service, thus preventing a finding of aggravation. As such, the claim for service connection was denied.

The Veteran's claims for service connection for a lumbar spine disorder and a bone disorder other than polyarthritis/polyarthralgias have been denied. The claim for service connection for a cardiovascular disorder, respiratory disorder, arthritis/arthralgias of multiple joints (including cervical spine), left shoulder disorder on direct basis, and left arm nerve disorder has also been denied.