Back / lumbar spine Board decisions

The Veteran's cervical spine and lumbar spine disabilities have been rated at 10 percent since June 4, 2007. The RO has granted the requested ratings.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that it was incurred in service. The neurological disorder in the lower extremities is not yet determined to be related to service.

The Veteran seeks a higher initial rating for his service-connected lumbar spine disability. The Board has determined that additional development is needed, including obtaining VA treatment records and SSA records, as well as scheduling the Veteran for an examination to assess the current nature and severity of his lumbar spine disability.

The Veteran's claims for service connection have been granted for degenerative disc disease of the lumbar spine with spinal stenosis, a cervical spine disability (claimed as neck pain), and a neurologic disability of the legs (numbness and tingling). Service connection is also established for cardiovascular disability (chest pain).

The Board found that the severance of service connection for left knee osteoarthritis, right hip osteoarthritis, and intervertebral disc syndrome of the thoracic and lumbar spine was improper.

The Board has dismissed the appeal of entitlement to service connection for bilateral hearing loss and whether new and material evidence had been received to reopen the claim of entitlement to compensation pursuant to 38 U.S.C.A. § 1151 for bilateral foot disability arising from VA treatment on March 1, 1999 due to withdrawal by the Veteran at a Board hearing held on April 28, 2010.

The Veteran's service-connected thoracolumbar back strain has not resulted in any incapacitating episodes requiring bed rest or treatment by a physician, and her range of motion is not limited by pain, fatigue, weakness, or lack of endurance. Therefore, the claim for an initial rating in excess of 10 percent for thoracolumbar back strain is denied.

The Board denied the Veteran's original claim for service connection for a low back disability in March 1983. The Veteran did not appeal this decision, and his July 2007 claim was granted with an effective date of July 19, 2007. As there is no earlier unadjudicated claim or evidence of CUE, the Board denied a request for an earlier effective date.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his left foot, bilateral knee, bilateral hip, and low back disabilities.

The Board has determined that the Veteran's current degenerative disc disease of the thoracolumbar spine is causally related to an in-service low back injury, and thus service connection for this condition is granted.

The Board has granted service connection for the Veteran's degenerative arthritis of the lumbar spine, finding that it is aggravated by his service-connected residuals of head trauma and bilateral leg disabilities. The decision also grants increased ratings for the Veteran's bilateral leg disabilities and finds that he meets the criteria for a TDIU rating based on his combined disability rating.

The Board found that the Veteran's low back disorder was not incurred in or related to his military service, including an injury he sustained in 1981. The evidence did not support a finding of chronicity or continuity of symptomatology from service.

The Veteran's service-connected degenerative disc disease of the lumbar spine was granted a 60% disability rating effective November 27, 2000. The Veteran also received an increased rating for his costochondritis from 10% to 60%. No other issues were addressed in this decision.

The Board has granted service connection for a back disorder, characterized as multi-level degenerative disc disease of the lumbar spine, finding that it was incurred in active service.

The Veteran's low back disability is rated at the maximum allowable under the schedular criteria, and his IBS does not warrant an extraschedular rating.

The Veteran's lumbar spine disability is manifested by DDD, minor spondylosis, limited motion, to include forward flexion limited no worse than 70 degrees, pain, guarding, tenderness, and moderate disc protrusion causing radicular pain down the left lower extremity. The criteria for an increased rating greater than 10 percent have not been met.

The Board found that the evidence did not support a finding of service connection for the Veteran's low back disorder, as there was no chronic condition in service or within the presumptive period. The Board concluded that the current disability is not related to his military service.

The Board has granted service connection for residuals of a wound infection with delayed healing of lumbar laminectomy incision and depression, finding that diabetes mellitus contributed to these conditions. The Veteran's bilateral upper extremity neuropathy and urinary incontinence are not currently service-connected.

The Veteran is permanently and totally disabled due to service-connected disabilities, including her left hip and spine conditions, which together with the residuals of her organic injuries so affect her balance that she cannot locomote without a cane or walker. The criteria for specially adapted housing assistance have been met.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to a lack of proper VCAA notice.