Back / lumbar spine Board decisions

The Board denied the Veteran's claims for a rating in excess of 40 percent for his thoracolumbar spine disability and an effective date prior to February 9, 2001 for service connection. The appeal is dismissed.

The Veteran withdrew his appeal for the issues of hypertension, heart disability, stomach disability, and chronic bronchitis. The remaining claims are dismissed.

The Veteran's right and left knee arthritis are each rated at 10 percent, the maximum rating available under VA regulations. The Veteran's lumbar spine arthritis is also rated at 10 percent.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding service connection for bilateral knee and low back osteoarthritis as secondary to service-connected rheumatoid arthritis.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for cause of death. The Veteran's service-connected osteoarthritis of the spine is found to have contributed substantially or materially to his death from acute coronary syndrome.

The Board found that the appellant's psychiatric, low back, and headache disabilities were not incurred in service or related to his active duty. The claims for these conditions are therefore denied.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a skin rash and back disorder. However, the claim for service connection for a skin rash remains denied as there is no indication of a chronic condition in service or post-service. The claim for service connection for a back disorder also remains denied due to lack of current diagnosis.

The Veteran's service-connected disabilities, including left peroneal nerve palsy, major depressive disorder, right knee strain, lumbar degenerative disc disease with radiculopathy, and left knee dislocation, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional VA examination and treatment records.

The Board has granted service connection for bilateral hearing loss effective from March 11, 2008. Service connection for lumbar spondylosis at L5-S1 was denied as the Veteran's current condition is more likely due to his age and other non-service-related factors.

The Veteran's claim for a rating in excess of 40 percent for cervical spine disability was denied, and separate ratings were also denied for radiculopathy of the upper extremities. The current rating is 40 percent.

The Board has decided to remand the case due to incomplete records and further investigation is needed.

The Veteran's claims for increased ratings and earlier effective dates were denied. The right knee instability claim was granted, but the Veteran did not meet the criteria for a separate rating. The cervical disk disease and low back condition claims were also denied.

The Veteran's low back disability with a herniated disc has been manifested by limitation of forward flexion to 65 degrees, but no evidence of ankylosis or incapacitating episodes. The Board found that the current medical evidence does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities are shown to preclude him from performing substantially gainful employment consistent with his educational and occupational background, warranting a total disability rating based on individual unemployability.

The Veteran's low back disorder is currently rated at 40 percent, effective October 17, 2006. The rating for the gastric ulcer remains at 10 percent.

The Board has determined that the Veteran's current low back disorder, including chronic strain and degenerative disc disease L1-2, is related to his in-service injury. The claim for service connection is granted.

The Board denied the Veteran's claims for service connection for diffuse idiopathic skeletal hyperostosis (Forestier's disease) and lumbar degenerative disc disease, finding that these conditions are not related to service.

The Veteran's low back strain is currently rated at 10 percent, and his right knee strain remains at a noncompensable rating. The RO granted the higher initial ratings for both conditions.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by service, nor may they be presumed to have been incurred in service.