Back / lumbar spine Board decisions

The Veteran's limitation of motion of the lumbar spine has not been manifested by forward flexion of the thoracolumbar spine 30 degrees or less, nor have incapacitating episodes been shown. Therefore, an evaluation in excess of 20 percent is not warranted.

The Veteran's mechanical low back pain is productive of forward flexion limited to 30 degrees, meeting the criteria for a 40 percent disability evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA compensation examinations.

The Board denied the Veteran's claim to reopen his service connection for a back disability, finding that new and material evidence had not been received. The Veteran was previously denied in October 1998 due to lack of service records indicating lumbar disc disease or muscle strain.

The Board has denied the Veteran's claims for service connection for tinnitus and a low back disability, as well as his request for an initial compensable rating for hearing loss. The appeal for service connection of the low back disability is dismissed due to withdrawal by the Veteran.

The Veteran's service-connected degenerative disc disease, L3-4, L4-5, and L5-S1 has been rated at 20 percent since August 7, 2007. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Board has remanded the case due to the need for additional medical records and a VA examination, as well as issuance of an SOC on the TDIU issue.

The Veteran's claim for an initial rating in excess of 20 percent for low back disability is being remanded due to the need for a new VA examination and readjudication.

The Veteran's claims for service connection for hearing loss, tinnitus, and headaches were denied. The claim for residuals of injuries to the neck, low back, left arm, and left leg was granted with a specific effective date.

The Board has found that the Veteran's skin condition had its onset during active service and granted service connection for this condition. The back disability issue is pending further development.

The Board has determined that the Veteran's service-connected lumbar spine disability results in degenerative disc disease, pain, and limitation of motion but does not result in forward flexion limited to 30 degrees or less, or favorable ankylosis of the thoracolumbar spine. Therefore, the criteria for an evaluation in excess of 20 percent are not met.

The Veteran's TDIU claim was denied because she is not found unable to secure or follow a substantially gainful occupation as a result of her service-connected disabilities. The case has been referred for consideration under 38 C.F.R. § 4.16(b) and 38 C.F.R. § 3.321(b)(1).

The Board has determined that the Veteran incurred a low back disability during active duty and grants service connection for this condition.

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

The Veteran's combined service-connected disabilities (low back syndrome and depression) do not meet the criteria for a TDIU as they are not shown to be of such severity so as to preclude substantially gainful employment.

The Board has determined that the Veteran's bilateral ankle disorder, right knee disorder, low back disorder, and right shoulder disorder are all service-connected.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and an examination to assess his employability.

The Board found that the Veteran's low back, neck, and tinnitus disabilities were not incurred in or aggravated by his period of active military service.

The Veteran's appeal is remanded to obtain updated VA treatment records and schedule him for a new VA examination to determine if his service-connected low back disability meets the criteria for an automobile and adaptive equipment or adaptive equipment only.

The Board has granted a 20 percent rating for the Veteran's lumbar degenerative changes at L5-S1, with small disc bulging, mild lateral recess stenosis, and paraspinous thoracic myalgia with Schmorl's nodes effective from January 26, 2009. The effective date of this grant has been set as July 31, 2008.