Back / lumbar spine decisions — 2014

The Board has decided to remand the case for additional development, including obtaining treatment records and scheduling a VA examination.

The Board has granted the Veteran's claim for service connection for a low back disability. The remaining issues of entitlement to service connection for right shoulder and left shoulder degenerative changes are remanded for further development.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a low back disability. The Veteran's current low back disability is found to be related to his military service, specifically an injury when he was hit by a bulldozer in service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his low back disorder and a new VA examination to provide sufficient information to rate his skin condition as scars.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's back disability is related to service and if it was caused or aggravated by his service-connected knee disability.

The Veteran's claim for basic eligibility for VA nonservice-connected pension benefits has been granted. The issues of whether new and material evidence has been received to reopen a claim for entitlement to service connection for left ear hearing loss, as well as the claims for PTSD, back disability, neck disability, bilateral knee disabilities, bilateral ankle disabilities, bilateral shoulder disabilities, and traumatic brain injury have also been addressed.

The Board has remanded the case for further development, including obtaining Social Security Administration records and scheduling a VA examination to address the nature and etiology of the Veteran's lumbar spine disability.

The Board dismissed the Veteran's motion to revise their March 1984 decision denying service connection for a lumbosacral spine disorder due to lack of legal merit.

The Veteran's service-connected cervical facet syndrome, headaches associated with the cervical spine disability, and low back disability do not render her unemployable.

The Board has determined that the Veteran's service-connected disabilities, particularly his coronary artery disease and lower extremity conditions, warrant an award of automobile and adaptive equipment as well as specially adapted housing.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and determining whether the appellant's discharge from the Army Reserve disqualifies him from receiving VA benefits. The appeal is not about service connection at this stage.

The Veteran's low back strain with degenerative joint disease was rated at 10 percent from January 17, 2007 to February 24, 2012.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's low back disability is directly related to his active military service or proximately caused by his right and/or left knee disabilities.

The Veteran's claim for a higher rating for his lumbar spondylosis and degenerative disc disease from May 8, 2008 is being remanded due to the need for additional development including a new VA examination.

The Board found that there is equipoise evidence for and against the Veteran's claims of service connection for a lumbar spine disability and a right lower extremity disability. The claims are therefore granted as to both conditions.

The Board found no evidence of a low back injury or disorder during service and the current diagnosed condition is not shown to be related to service. As such, service connection for a low back disorder is denied.

The Board finds that the Veteran's thoracolumbar spine disorder is proximately due to or the result of her service-connected left ankle disability, and grants service connection for this condition.

The Board denied service connection for various disabilities, including right shoulder, left shoulder, right knee, left foot/ankle, low back, gouty arthritis, and chronic sinusitis. The Board found that the evidence did not support a finding of in-service incurrence or a nexus to service.

The Veteran's back disability, characterized by chronic low back pain and limited range of motion, meets the criteria for a 40 percent disability rating under the General Rating Formula. Additionally, he is entitled to a separate 20 percent rating for bilateral lower extremity radicular pain associated with his service-connected back disorder. The Veteran also satisfies the criteria for TDIU based on his service-connected disabilities.

The case is being remanded for a new VA spine examination to assess the current severity of the Veteran's service-connected lumbar spine disability, including any neurological impairments and flare-ups. The rating will be readjudicated after this additional development.