Back / lumbar spine decisions — 2013

The Veteran's claim for an increased evaluation for degenerative disc disease, status post L4-L5 fusion, was denied as the evidence did not show that his disability resulted in ankylosis of the thoracolumbar spine or incapacitating episodes.

The Board has denied the Veteran's claims for service connection of his claimed disabilities, finding that they are not related to his service-connected conditions.

The Board has remanded the Veteran's claim of entitlement to service connection for a cervical spine disability due to incomplete development and need for additional medical examination.

The Veteran's low back disability is currently rated as 20 percent disabling, but the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Veteran's appeal is being remanded for additional examinations and to obtain outstanding medical records. The left knee claim will be evaluated based on the current status post arthroscopy, while the lumbar spine disability will be evaluated with consideration of any associated neurologic abnormalities.

The Veteran's claim for higher ratings on her interstitial cystitis, lumbosacral strain, left and right lower extremity polyneuropathy is being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including obtaining updated VA and private treatment records, arranging for a VA spine and peripheral nerves examination, and ensuring all pertinent evidence is considered.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing, and the claim of service connection for low back disability is still pending as new evidence was submitted but not considered in the previous rating decision.

The Board granted service connection for arthritis of multiple joints and rhinitis, assigned initial noncompensable disability ratings to the Veteran's migraine headaches, lumbar strain, bilateral knee strains, bilateral ankle strains, hypertension, and anxiety disorder (NOS), and increased the rating for migraine headaches since May 14, 2013.

The Board has determined that a remand is necessary to obtain additional medical opinions and records, as well as clarify the Veteran's service history. The Veteran's claim for service connection for a thoracolumbar spine disability will be further adjudicated after these actions.

The Veteran's effective date for additional compensation payable for a dependent spouse is set at November 1, 2002, based on the receipt of his marriage certificate and subsequent increase in disability rating.

The Board has determined that additional development is needed before the claim can be adjudicated on the merits, including obtaining service treatment records from a period of honorable active service and scheduling an examination to determine the nature and etiology of the Veteran's low back disability.

The Veteran's combined disability evaluation is currently 80 percent, which satisfies the criteria for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Veteran's appeals were dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran's service-connected low back and right knee disabilities prevent him from obtaining substantially gainful employment, even when considering his past work experience. The TDIU claim is granted on an extra-schedular basis.

The Board has determined that the Veteran's low back disorder is likely related to his in-service injury, and thus grants service connection for a low back disability.

The Board denied the Veteran's claims for schedular and extraschedular evaluations in excess of 10 percent for degenerative disc and joint disease with right radiculopathy.

The Board has remanded the case for further development, including obtaining additional private treatment records and scheduling a VA examination to evaluate the current severity of the Veteran's service-connected bilateral pes planus. The case will also be reviewed to determine if entitlement to a TDIU is warranted.

The Veteran's service-connected disabilities (left foot drop with radiculopathy and low back disorder) prevent him from obtaining or maintaining all gainful employment for which his education and occupational experience would otherwise qualify him.

The Veteran's claim for an earlier effective date for service connection of coronary artery disease was denied as the December 1968 rating decision denying service connection due to pre-existing cardiomegaly was not clearly and unmistakably erroneous.