Back / lumbar spine Board decisions

The Board has remanded the case due to additional development being necessary, including obtaining VA and private treatment records.

The Veteran's claim for an effective date earlier than November 21, 2006, for the award of a TDIU is denied as there is no legal basis for such an award.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO in Waco, Texas.

The Board has determined that the Veteran did not file a timely substantive appeal in response to the October 2002 denial of his claims for service connection for low back and cervical spine disorders. As such, the decision is final based on the evidence then of record.

The Veteran's cervical and lumbar spine disabilities have been rated as intervertebral disc syndrome, with the prior rating criteria applied until January 1, 2006. Since then, a higher rating of 40 percent has been granted for his intervertebral disc syndrome.

The Board has remanded the case to the RO for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of service connection for various conditions are now pending.

The Board has granted a separate compensable rating of 10 percent for neurological abnormalities of the Veteran's bilateral lower extremities associated with his low back disability.

The Board has ordered a remand to obtain additional medical records and determine if the Veteran's degenerative disc disease is related to his military service.

The Board found no evidence to support service connection for the Veteran's bilateral foot disability or lumbar spine disability, concluding that any current conditions are not related to military service.

The Board has determined that the Veteran's low back condition and bilateral foot disorder are not related to his service or a service-connected disability, and thus denied both claims.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was denied. The claims for increased evaluations for his left knee and right knee disabilities, as well as TDIU prior to March 12, 2009, were also denied.

The Veteran's service-connected low back strain has been primarily manifested by decreased range of motion with pain radiating into his lower extremities. However, the disability does not meet the criteria for a higher rating as it does not result in forward flexion limited to 30 degrees or less, nor does it involve ankylosis of the thoracolumbar spine.

The Veteran withdrew his appeal for service connection of a back disorder, so the Board does not have jurisdiction to consider it.

The Veteran's bilateral pes planus is currently evaluated at 30 percent, and the Board finds that a higher evaluation of 50 percent is warranted. The Veteran's other service-connected conditions are also considered in determining whether an increased rating is warranted.

The Board has ordered the VA to search for and provide any additional service treatment records related to the Veteran's claimed lumbar spine disability during his service in Vietnam. The case will be remanded for further development, including a potential VA examination, and readjudication.

The Board has determined that the Veteran's tinnitus and low back disability are related to his service, with the tinnitus likely due to acoustic trauma during combat in Vietnam and the low back disability linked to an incident involving a drop from a helicopter. The claim for service connection is granted.

The Board denied service connection for bilateral knee, cervical spine, and low back disabilities secondary to service-connected pes planus. The Veteran's claims were based on the presumption of secondary service connection.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has determined that the Veteran's claimed conditions are not related to service, and thus denied his claims.

The Veteran's claims for increased rating and TDIU related to his low back disability are being remanded due to the need for additional medical examination, as well as obtaining outstanding VA and SSA records.