Back / lumbar spine Board decisions

The Board and the RO have denied reopening the Veteran's previously-denied claim for service connection due to lack of new and material evidence.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of loss of use of both lower extremities, blindness in both eyes, or loss of use of one upper extremity.

The Veteran's PTSD is currently rated at 30% from March 28, 2006 to July 16, 2007. The Board denied a higher rating for PTSD prior to and after this period.

The Board found that there is no evidence of a chronic back disability during service or within one year after discharge, and the current degenerative joint disease (arthritis) of the lumbar spine was not caused by service. Therefore, service connection for a back disorder is denied.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding whether the Veteran's service-connected residuals of a fracture of the left ilium may have aggravated his low back disability.

The Board has determined that the Veteran's pre-existing lower lumbar spine degenerative disc disease and arthritis was aggravated by active service, thus granting service connection for these conditions.

The Veteran's appeal is granted, with a rating of 20 percent for the gunshot wound to the left foot effective from April 15, 2004.

The Board has remanded the issues of service connection for chronic low back disability, chronic cardiac disorder, and chronic acquired psychiatric disability due to insufficient evidence in the record. The Veteran's claims are not currently addressed as they have been returned to the RO for further action.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's low back disability and whether it is related to service or service-connected bilateral knee disabilities.

The Board found that there is no current evidence of a bilateral foot disability, and the Veteran's lumbar spine and right wrist disabilities do not meet the criteria for higher initial ratings.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for degenerative joint disease of the right foot was not granted as greater than 10 percent prior to November 18, 2009, and greater than 20 percent thereafter. Other claims for service connection or increased ratings were also denied.

The Veteran does not have a lumbar spine or right foot disability that was caused or aggravated by his service, and the Board finds no evidence of in-service occurrence of lumbar spine arthritis.

The Veteran's service connection claims for CFS and lumbar spine DDD have been granted on a presumptive basis due to his Persian Gulf service. The higher initial rating and TDIU claims are remanded as they are inextricably intertwined with the service connection issues.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a bilateral foot disorder. However, the Veteran's claims for lower jaw disability, neck disability, back disability, bilateral hearing loss, and tinnitus have all been denied as there is no clear or unmistakable evidence of aggravation by service.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not warrant a higher rating based on current evidence.

The Veteran's PTSD was rated at 50 percent effective July 27, 2005. The appeal for an increased rating prior to May 14, 2009 is granted.

The Veteran's claims for service connection for left ankle, lumbar spine, and bilateral hip disabilities are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the claims of service connection for degenerative arthritis of the lumbar spine, a left knee disability, and arthritis due to issues related to secondary service connection.

The Veteran's low back injury residuals were not manifested by a moderate lumbar spine limitation of motion, lumbosacral muscle spasm on extreme forward bending, or associated service-connected neurological symptomatology. Therefore, the initial evaluation for his low back injury residuals prior to January 1, 2007 was denied.