Back / lumbar spine decisions — 2014

The Veteran's lumbosacral spine disability is rated at 40 percent effective November 15, 2011. The rating includes a compensable evaluation for erectile dysfunction and urinary frequency associated with the service-connected low back disability.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a psychiatric disability and for a low back disability. The claims are now pending before the RO or AMC.

The Veteran's lumbar spasm, musculoligamentous strain, and mechanical thoracic spine paraspinal muscle strain is not manifested by severe enough symptoms to warrant a higher rating.

The Veteran's lumbar spine disability was rated at 20 percent prior to June 1, 2011. The current rating of 40 percent from June 1, 2011 is denied as the evidence does not show that forward flexion was limited to 30 degrees or less.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining relevant medical records and considering the evidence from a Medical Evaluation Board.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his PTSD and another VA examination to evaluate the impact of his service-connected disabilities on his employability.

The Board has determined that the Veteran's claims for service connection for residuals of a cerebrovascular accident, right arm condition, right shoulder condition, back condition, bilateral upper and lower extremity neuropathy, bilateral upper and lower extremity radiculopathy, and headaches have been denied as they do not meet the criteria for reopening his previously denied claim. The evidence received since the January 1991 rating decision does not raise a reasonable possibility of substantiating the claim.

The Board has remanded the case for further development and consideration, including obtaining an examination to determine if any currently or previously diagnosed low back and left hip disorder is related to the Veteran's active duty service or to her service-connected disorders. The claims on appeal will be adjudicated again after the additional development.

The Veteran's service-connected disabilities (lumbar spine degenerative disc disease and depression) prevent him from securing or following a substantially gainful occupation.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which he claims is related to an in-service back injury. The Board has determined that additional development is needed due to incomplete records and a need for a new VA examination.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his thoracic and lumbar spine disability. The issue of increased rating for cervical spine disability will also be addressed in a supplemental statement of the case.

The Board has determined that the Veteran does not have a current diagnosis of lower back disorder, residuals of a closed head injury, or hepatitis. Therefore, service connection for these conditions is denied.

The Board found no evidence of a current low back disability and concluded that the Veteran does not meet the criteria for service connection.

The Board has found that the Veteran's diagnosed low back, neck, and right shoulder disabilities are as likely as not related to his military service.

The Board found insufficient evidence to establish a relationship between the Veteran's current low back disability and service or a service-connected condition, including his bilateral pes planus. The claim for service connection was denied.

The Veteran has withdrawn his appeals for service connection for a shoulder disability, low back disability, and hip disability, as well as entitlement to specially adaptive housing. The Board finds that the withdrawal is valid.

The Board has remanded the case due to the need for an addendum opinion regarding the X-ray films submitted by the Veteran, which may affect the service connection determination.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disability and a back disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board has remanded the Veteran's claims due to the need for additional development, including a VA examination and consideration of whether extraschedular evaluation is warranted.