Back / lumbar spine Board decisions

The Board has granted service connection for a low back disability, finding that the veteran's pre-service injury did not constitute a chronic acquired condition and thus the presumption of soundness applies. The chronic lumbosacral strain developed during service.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.

The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.

The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.

The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.

The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.

The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.

The Board has determined that there is no evidence of a current disability for the claimed skin rash on the back or cervical spine disability, and that any diagnosed discogenic back disability was not incurred during service. The Veteran's assertions have been considered but are outweighed by the lack of medical evidence supporting these claims.

The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.

The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.

The Veteran's appeal for service connection of a nerve disorder of the neck is dismissed. The Board also remanded the issue of rating in excess of 10 percent for her lower back disability.

The Veteran's service-connected lumbar spine disability is found to cause bilateral hip and ankle pain, resulting in a grant of service connection. The claim for an increased rating for the lumbar strain residuals remains denied.

The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.

The appeal for hearing loss was dismissed due to the Veteran's withdrawal. The appeals for thoracolumbar spine disability and hepatitis C are being remanded for additional development.

The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.

The Board has remanded two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.

The Board has remanded the claims for a VA examination and medical opinion to determine if the Veteran's low back disorder and bilateral hip disorder are related to his service-connected Crohn's disease.