Back / lumbar spine Board decisions

The Veteran's lumbosacral strain with spondylolysis was reduced from 40% to 20%, effective February 1, 2008. The reduction in rating for his mood disorder from 30% to 0% (noncompensable) was not proper.

The Veteran's claim for an initial evaluation in excess of 20 percent for lumbosacral strain with degenerative disc disease was denied. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is addressed in the REMAND portion of this decision.

The Board granted service connection for degenerative arthritis of the lumbosacral spine, finding that it was manifested as a result of active service and resolving reasonable doubt in favor of the Veteran.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active duty service, nor may it be presumed to have been incurred during active duty service. The right knee disorder issue is pending and will be addressed after further development.

The Veteran's claim for a higher rate of SMC based on need for aid and attendance is denied as the disability requiring such assistance is due to his service-connected residuals of poliomyelitis, not separate disabilities.

The Veteran's lumbosacral strain was rated at 20 percent since August 31, 2009. The rating is considered appropriate based on the current functional impairment of the lumbar spine.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disability, which arose out of a single accident and currently rated at 60 percent disabling.

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by her active service and denied her claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of her service-connected low back disability.

The Board has determined that the Veteran's anxiety disorder is related to his service, but his back disability is not. The evidence does not support a finding of in-service injury or aggravation.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional evidence and an examination.

The Board has granted service connection for a back condition, finding that the Veteran's current lumbar spine osteoarthritis and sensory neuropathy of the hypoglossal branch of the left side of his tongue are related to his active duty service.,Service connection was also granted for a dental condition with nerve damage to the tongue. The Board found that this condition is at least as likely as not related to the Veteran's in-service dental surgery.

The Board denied the reopening of the claim for service connection for a low back disorder in October 2002. The Veteran presented new evidence, including medical opinions linking his current condition to service, which was not previously considered. As such, the appeal is mixed - some issues are granted while others remain unresolved.

The Veteran's service-connected disabilities, which include a fracture of the right middle finger resulting in ankylosis of multiple fingers, cervical fusion with degenerative joint disease, scars from facial injuries, osteoarthritis of the lumbar spine, and bilateral hearing loss, do not render him unable to secure or follow substantially gainful employment. His combined disability rating is 60 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his service-connected lumbar disc disease, bilateral hearing loss, and unemployability.

The Veteran's claims for increased ratings were granted, with a 10 percent evaluation assigned for deformity of the vertebral body in the lumbar spine and a 20 percent evaluation assigned for moderate limitation of motion of the lumbar spine. The claim for an excess rating for residuals of compression fracture of the thoracic spine was denied.

The Board has determined that the veteran's pre-existing low back disability was not aggravated by service, and thus, he is denied service connection for his current low back disability.

The Board has remanded the case for additional development due to insufficient medical evidence regarding whether the Veteran's low back disability is related to service.

The Board found no evidence of a low back disability in service or for many years thereafter, and the VA examination did not establish a link between the current condition and military service. The claim was therefore denied.

The Board denied service connection for low back disorder, bilateral shoulder condition, and bilateral arm condition due to lack of evidence linking these conditions to service or any service-connected disability.