Back / lumbar spine Board decisions

The Veteran withdrew his appeal of the issue of entitlement to service connection for PTSD during a hearing before the Board. The remaining issues are remanded for additional development.

The Board has reopened the claim for service connection for a low back disability based on receipt of new and material evidence. The underlying issue is whether there is sufficient evidence to reopen the claim, given that the Veteran's private treatment providers have provided medical opinions linking her current low back disability to an in-service injury.

The Board has denied the Veteran's claims of service connection for hearing loss and low back strain. The decision is based on a finding that the Veteran does not have hearing loss attributable to his military service, and there is no evidence showing that he had low back strain during service or within one year after separation.

The Board denied the Veteran's claims for higher ratings for his service-connected right knee, left shoulder, lumbar spine, diabetes mellitus, and hypertension disabilities. The Veteran was not granted TDIU.

The Veteran's claim for a compensable evaluation for bilateral hearing loss was denied, and his claim to reopen the low back disorder service connection was also denied.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and arranging for a VA examination.

The Veteran's claim for service connection for a bilateral foot condition was denied. The Board found that the Veteran does not have a current diagnosis of a bilateral foot condition and thus, cannot establish service connection.

The Board has remanded the case for additional development due to issues related to service connection, increased rating for PTSD, and earlier effective date for traumatic brain injury.

The Veteran's appeal was timely filed, but the criteria for establishing entitlement to vocational rehabilitation benefits pursuant to Chapter 31 of Title 38, United States Code, have not been met.

The Veteran's lumbar spine disability is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5293. The Board denied a higher initial rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board denied service connection for lumbosacral sprain, also claimed as low back pain in December 2006. The Veteran is contesting this decision on the grounds of clear and unmistakable error (CUE).

The Board found that there is no evidence of a back injury or any back problems during a period of Active Duty for Training (ACDUTRA) or Inactive Duty for Training (INACDUTRA), and thus denied the claim for service connection for degenerative disc disease of the lumbar spine.

The Board has remanded the case due to the need for further development, including a VA examination and a hearing before a Veterans Law Judge.

The Board has remanded the Veteran's claims for service connection for a neck disorder and a back disorder due to incomplete records from Womack Army Hospital in July 1965.

The Veteran's claim for increased ratings for lumbosacral degenerative joint disease was denied as the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 2, 2001 and in excess of 40 percent thereafter.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected back disability and its impact on his ability to work. The issue of entitlement to TDIU will also be addressed.

The Board denied entitlement to extra-schedular consideration for chronic lumbosacral strain and irritable bowel syndrome (IBS).

The Board has determined that the Veteran's current back disorder and PTSD are not service-connected, but his PTSD is currently rated at 50%.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is manifested by functional debility equating to severe limitation of motion, with forward flexion limited to 30 degrees when pain on motion is considered. The RO granted a rating of 40 percent for this condition.

The Board has ordered additional development of the Veteran's claims for increased ratings for low back strain with spondylosis at L5 and bilateral hearing loss. The case is being remanded to obtain treatment records from VA facilities in Dallas, Texas, and any private medical providers who have treated the Veteran since August 2004.