Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his service-connected low back disability has been remanded due to the need for additional VA examinations. His claim for TDIU is also being considered as part of this matter.

The Veteran's lumbar spine disability is rated at 40 percent, effective May 1993. The Board granted a higher rating of 60 percent for his service-connected lumbar spine disability under the revised criteria effective September 23, 2002.

The Veteran's claim for TDIU is being remanded as the only service-connected condition (chronic lumbosacral strain) does not meet the percentage standards for a total disability rating. The case will be referred to the Director of Compensation and Pension Service if it is determined that he is unemployable due to his service-connected disability.

The Board has determined that additional development is needed to properly adjudicate the appellant's claims, including obtaining medical opinions and evidence.

The Board finds that an examination is necessary to determine the nature and etiology of any diagnosed lumbar spine disorder, including whether it is related to service. The Veteran's claim for service connection will be remanded.

The Board has determined that the Veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus have been denied as there is no evidence showing a nexus between these conditions and his active duty service.

The Veteran's appeal is being remanded for a Travel Board or videoconference Board hearing. Service connection claims for right leg, right knee, and lumbar spine disorders are pending.

The Veteran died from a possible pulmonary embolus following a laminectomy for a herniated lumbar disc. The Board finds that the cause of death is not service-connected.

The Board has determined that there is no competent medical evidence to support the Veteran's claims for service connection for a low back disability, a disability of the left little finger, and a right foot disability other than residuals of cold injury. As such, these claims are denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disorder is related to service. The Veteran needs to provide records of treatment from 1984 to 2005 at VA Medical Center in Dublin, Georgia and undergo a VA medical examination.

The Veteran's service-connected disabilities render him unemployable, and the case is remanded for further development including a VA examination to determine his ability to obtain and maintain employment.

The Veteran's lumbar spine disability is currently rated at 40 percent effective October 29, 2008. The next higher rating of 50 percent for unfavorable ankylosis of the entire thoracolumbar spine does not apply as there is no evidence of such.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection, but it is not sufficient to establish service connection as his back condition was not shown during service.

The Veteran's lumbar disc disease does not meet the criteria for a higher disability evaluation, as it does not result in limitation of forward flexion to 30 degrees or less, nor does it involve favorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's combined disability rating is 50%, which does not meet the statutory requirements for a TDIU claim. The Board finds that his service-connected disabilities do not render him unemployable.

The Board found that the reduction of the Veteran's disability rating from 40% to 20% for his low back disability was proper, as it had been in effect for less than five years and there was improvement evidenced by an examination.

The Board has determined that the Veteran's migraine headaches and low back disability were not incurred or aggravated in service, while her glaucoma is not shown to be related to service.

The Board found that the Veteran's low back disability is not causally or etiologically related to his active duty service and denied the claim.

The Veteran's claim for TDIU is being remanded due to the need for an appropriate VA examination to assess the combined effect of his service-connected disabilities on his employability.