Back / lumbar spine decisions — 2013

The Board is remanding the case to obtain additional medical records from Dr. C.T.C., specifically for September 2008, and to review all submitted evidence in connection with those records.

The Board has remanded the case for further development, including scheduling an examination and obtaining VA clinical records. The Veteran's claim of service connection for a low back disorder is pending.

The Board found that there was no clear and unmistakable error in the December 2005 rating decision denying service connection for a disability of the lumbosacral spine. The claim of new and material evidence for the same condition was also denied.

The Veteran's claims for service connection are being remanded to obtain updated VA treatment records and verify the nature of his Army Reserve service. He is also required to undergo a VA examination to address his claims under the theory of an undiagnosed illness.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board granted a higher initial disability rating of 40 percent for the Veteran's service-connected lumbosacral spine disability, effective December 19, 2011.

The Board has determined that the Veteran's appeal to establish an earlier effective date for his service-connected low back disability is dismissed as a matter of law because the February 1996 decision granting service connection was not appealed.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his left wrist and lumbar spine disabilities.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation. The case is therefore REMANDED for further action.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current low back disability and radiculopathy are related to his active military service.

The Veteran's request to reopen service connection for a low back disorder was received in June 2008, and the RO granted service connection on the merits with an effective date of June 6, 2008.

The Board has determined that the Veteran's current neck, back, and sleep apnea disabilities are related to his active duty service. The claims for these conditions have been granted.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including obtaining missing service treatment records and determining if the Veteran meets eligibility requirements for dental treatment.

The Veteran's claims for service connection for upper back and cervical spine disabilities are being remanded due to the need for additional development, including obtaining missing service records and a VA examination.

The Board denied the Veteran's claim to reopen his previously denied service connection for a back disability, finding that new and material evidence had not been submitted.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities did not arise during service or are not related to any in-service injury, thus denying his claims for service connection.

The Board found that the appellant's lower back disability was caused by or resulted from his active military service, and granted service connection for this condition.

The Veteran's service-connected disabilities do not meet the percentage requirements for assignment of a schedular TDIU rating, and his employment is not unemployable due to these conditions.

The Veteran's lumbosacral strain disability is rated at the maximum allowable under the applicable rating criteria, and no higher rating is warranted.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.