Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining information to corroborate his claimed in-service stressors and providing him with adequate notice regarding the requirements to reopen a previously denied claim of service connection.

The Board has remanded the claims due to incomplete VA treatment records and need for further development regarding service connection, exposure history, and medical opinions.

The Veteran's appeal was withdrawn regarding service connection for ADHD and learning disability, as well as the evaluation of her left index finger.,For the cervical spine disability, a rating higher than 20 percent is not warranted due to lack of incapacitating episodes or ankylosis.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, and degenerative disc disease of the lumbosacral spine, have rendered him unable to secure or maintain substantially gainful employment since September 27, 2007.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claim for an increased rating of his low back disability was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes that would warrant a higher evaluation.

The Board has granted the appellant's petition to reopen his claim of service connection for a low back disability and found that new and material evidence has been received. The issue of whether the appellant is a Veteran for purposes of establishing basic eligibility for VA nonservice-connected pension benefits and special monthly pension remains deferred until the issue of service connection is resolved.

The Veteran's appeal is being remanded for additional development, including obtaining fitness for duty/examination records and relevant treatment records.

The Board has remanded the case due to insufficient evidence and need for further examination. The Veteran's claim of service connection for a lumbar spine disability is pending.

The Board has remanded the case due to a failure to schedule a videoconference hearing. The Veteran's claims for service connection are still pending.

The Board has determined that the Veteran's lumbar spine disability and hemorrhoids do not meet the criteria for service connection or a compensable rating, respectively. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Veteran's service connected disabilities, which include low back strain, bilateral lower extremity radiculopathy, and residuals of a right fifth metacarpal fracture, all rated at 40 percent combined. The Board finds that the Veteran is unable to engage in substantially gainful employment due to his service-connected disabilities.

The Board found that the Veteran's current low back disability is not related to his active service and denied his claim for service connection.

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

The Veteran's claims for increased ratings for low back injury with spondylosis and posttraumatic stress disorder are being remanded due to the need for additional development, including VA examinations.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine with associated muscle spasm has been denied as there is no evidence showing that his disability warrants a rating in excess of 20 percent at any point, including prior to May 28, 2013.

The Board denied the Veteran's claims for higher ratings for his thoracolumbar and cervical spine disabilities, finding that they did not meet the criteria under the rating schedule.

The Veteran's claim for a higher rating for his lumbosacral strain was denied as the disability does not meet the criteria for a higher rating.

The Veteran's lumbar spine disability was rated at 10 percent prior to September 4, 2008. From March 7, 2008, the rating increased to 20 percent.

The Board found that the Veteran's claimed low back, shoulder, and knee disabilities are not related to his service-connected right hip synovitis.