Back / lumbar spine decisions — 2014

The Board has decided to remand the case for further development, including obtaining VA treatment records and Social Security Administration disability records. A new VA examination is also needed.

The Veteran's back disability, characterized by flexion no less than 35 degrees with various symptoms including pain and weakness, does not meet the criteria for a rating in excess of 20 percent.

The Veteran's lumbar spine disability was rated at 10 percent prior to July 13, 2012 and upgraded to 40 percent thereafter. The upgrade is based on the findings of less than normal muscle strength in one leg.

The Board found that the Veteran's current back disability was not present during service and is not otherwise attributable to his period of military service or a service-connected condition. Therefore, the claim for service connection for a back disability has been denied.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and notifying the Veteran of his right to obtain new representation.

The Board has granted service connection for the appellant's low back disorder, finding that it is at least as likely as not related to his in-service injury during ACDUTRA. The remaining issues of secondary service connection for bilateral hip, knee, and left thigh disorders are remanded for further examination.

The Board found that the Veteran's back disorder and hypertension were not related to service, and denied both claims.

The Veteran's appeal has been withdrawn due to notification of withdrawal from the appellant.

The Board has remanded the case for additional development to ensure a complete record upon which to decide the Veteran's claims of service connection for bilateral shoulder and back disabilities.

The appeal is being remanded to obtain additional medical records and a supplemental medical opinion regarding the Veteran's hair loss. The low back disorder issue remains pending.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for multiple joint disorders, including a right shoulder disorder. The Board also found that service connection is established for these conditions.

The Board has remanded the case for further development due to a change in the Veteran's Law Judge who conducted his June 2012 hearing. The Veteran is scheduled for another hearing via video conference at his local regional office.

The Board has determined that the Veteran's low back disability, diagnosed as multilevel lumbar spondylosis with herniated disc at L4-5 and clinical evidence of left lumbar radiculopathy, is related to his military service. As such, the claim for service connection is granted.

The Veteran's claim for a higher rating for his lumbar spine disability was granted effective September 19, 2013. Service connection for PTSD secondary to the lumbar spine disability was denied.

The Veteran is entitled to a TDIU for the period from November 3, 2007 to August 10, 2009 due to service-connected disabilities. The Board found that his diabetes mellitus and related neuropathy, along with his low back disability, made him unable to maintain substantially gainful employment.

The Board denied the Veteran's claims of entitlement to service connection for back, bilateral wrist, bilateral knee, and bilateral ankle disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's claim for a compensable rating for costochondritis has been granted. However, the issues of service connection for back disability and reopening of this claim remain unresolved.

The Board has determined that the Veteran's back disability is not related to service and denied his claim for service connection.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease and hemorrhoids have been denied. The Board finds that further development is necessary to address the Veteran's complaints of flare-ups.

The Veteran's hypertension, headache syndrome, and pulmonary embolism are rated at their maximum levels. The Board finds that the Veteran does not have a current disability manifested by fatigue, hair loss, bilateral hand tremors, or bilateral arm weakness. Service connection for cervical spine condition is granted as new and material evidence has been received.