Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of her service-connected disabilities.

The Veteran's back strain with thoracolumbar ankylosis prior to February 24, 2012 did not meet the criteria for a higher than 20 percent rating as his range of motion was consistently greater than 30 degrees.

The Veteran's back disability is rated at 20 percent, effective April 2007.,The Veteran's left knee disability was rated at 10 percent prior to March 24, 2012 and at 40 percent thereafter. His depression rating remains at 10 percent.

The Veteran's appeal is being remanded due to the need for additional examinations and assessments of his current disabilities, including lumbar spine, bilateral shoulder, left ankle, bilateral knee, and sleep apnea.

The Board has remanded the case due to outstanding VA treatment records and further development is needed.

The Board has ordered a remand due to the need for additional medical opinions and the need to obtain relevant VA treatment records.

The Board finds that the preponderance of evidence is against a finding that the Veteran's low back condition, left lower extremity radiculopathy, and left hip disability are related to service.,Service connection for a low back disability, left lower extremity radiculopathy, and left hip disability is denied.

The Veteran's claim for service connection for a back disorder, including as secondary to his service-connected gunshot wound to the left flank, is being remanded due to incomplete records and need for additional medical opinions.

The Board denied the Veteran's claims of service connection for low back disability, respiratory disorder, bilateral onychomycosis, and bilateral tinea pedis. The claim for diverticulosis was not addressed as it is related to a different issue.

The Board found that the Veteran's chronic back disability did not have its clinical onset during service, arthritis of the spine was not diagnosed within the first post-service year, and there is no evidence to support a finding that his current back disability is otherwise related to active service.

The Board found that the Veteran's back disability was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's service-connected degenerative changes of the lumbar spine are rated at 40 percent, and he meets the criteria for a TDIU due to his combined disability rating of 70 percent. The Board finds that the Veteran is unemployable due to his service-connected disabilities.

The Board denied the moving party's claim of clear and unmistakable error in the December 2005 rating decision, which denied service connection for a congenital variant lumbosacral junction. The Board also determined that there was no new and material evidence to reopen the claim.

The Veteran's claim for TDIU based on his service-connected disabilities is being remanded due to the need for additional development of evidence, including Social Security Administration records and a VA examination.

The Board denied the Veteran's claims for service connection for various conditions, including sexual dysfunction, headaches, fatigue, back pain, bilateral hip disabilities, knee disabilities, shoulder disabilities, elbow disabilities, and left ankle disability. The appeals were reopened on new evidence but the claims were ultimately denied.

The Board has granted a 40 percent rating for lumbar spine arthritis, but denied any increase in evaluation for cervical spine arthritis.

The Veteran's OSA was granted a rating of 50 percent effective March 29, 2011. The issues regarding service connection for neck and thoracolumbar spine disorders were resolved in favor of the Veteran.

The Veteran's claim for a TDIU prior to August 29, 2006 is being remanded due to incomplete development and the need for an additional VA examination.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU and his service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case for additional development due to inadequate VA examination and consideration of lay evidence.