Back / lumbar spine Board decisions

The case is being remanded for further evidentiary development, including obtaining Social Security Administration records and scheduling a podiatry examination.

The Board denied the claim for service connection of a low back disorder as secondary to service-connected right knee disabilities, finding that appellant's current low back condition is more likely related to his workplace injury in 1983 than to his service-connected right knee disability.

The Board determined that the veteran's congenital defect of the fifth lumbar vertebra is not a disease or injury for which service connection may be granted, and his acquired low back disabilities were not incurred in or aggravated by active service.

The veteran's low back disability has been rated at 20 percent since March 1999. The most recent evaluation, effective April 1, 2003, found that the condition likely results in severe overall limitation of lumbar spine motion and related functional loss warranting a higher rating.

The Board denied service connection for a lumbar spine disorder and an acquired psychiatric disability (depression) as there was no evidence of such conditions in service or within one year post-service, and the preponderance of the evidence did not support a nexus to service.

The Board has determined that the veteran's low back disorder is due to an injury sustained during service, and thus grants service connection for this condition. The cervical spine disorder is not shown to be related to service.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service and arthritis could not be presumed to have been incurred during service.

The Board has determined that the veteran's claimed back, left knee, left hip, and right hip disabilities are not related to service or any inservice injury.

The Board denied service connection for left knee, left hip, and low back disabilities in March 1976 based on the evidence of record at that time.

The veteran's degenerative changes of the lumbosacral spine result in limited forward flexion, but do not meet the criteria for a higher disability rating under either the former or revised VA rating criteria.

The Board has reopened the claims for service connection for low back and right leg disabilities, both claimed as secondary to a service-connected right foot disability. The claim for service connection for neck disability remains denied due to lack of new and material evidence.

The Board has determined that the veteran's hip and low back disabilities are not related to service or any period of active duty.,Service connection for these conditions cannot be granted as they do not meet the criteria for direct service connection.

The Board has determined that a higher rating for the veteran's lumbar syndrome is warranted, but no change in the noncompensable rating for his plantar fasciitis of the left foot. The current 20 percent rating for lumbar syndrome is maintained.

The veteran is seeking increased disability ratings for his service-connected low back disability and left femur fracture, as well as TDIU. The case is being remanded to obtain a VA examination to assess the severity of these conditions.

The veteran's service-connected disabilities, including his low back injury and right leg radiculopathy, do not render him individually unemployable.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back condition. By extending the benefit of doubt, the veteran's disability manifested by degenerative changes in the low back is due to injury sustained during his period of military service. The veteran does not have a shoulder disorder due to any incident or event during his period of military service.

The Board denied DIC under 38 U.S.C.A. § 1318 based on hypothetical entitlement to a total disability rating for a continuous period of at least 10 years prior to the veteran's death, as the veteran had not been rated as 100% disabled during that period.

The Board denied service connection for hypertension, a low back disability, and hepatitis C. The claim of service connection for a left knee disability is pending.

The veteran's low back disability, rated at 40 percent prior to October 27, 2004, is now rated at 60 percent effective from that date due to incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The veteran's appeal has been withdrawn, and the Board is dismissing his case.