Back / lumbar spine decisions — 2014

The Veteran's chronic lumbosacral strain has been rated at the highest possible rating under the General Rating Formula for Diseases and Injuries of the Spine, but his left knee arthritis is not service connected.

The Board has not decided the service connection claims, but has ordered additional development to obtain missing records and medical evidence.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbar spine disorder and a need for additional examination. The claim will be reconsidered after these actions.

The Veteran's combined disability rating is less than the required 70 percent for pension eligibility, and his disabilities do not render him unemployable.

The Veteran's claim for an initial compensable rating prior to September 14, 2013, and in excess of 10 percent thereafter, for a lumbosacral strain is being remanded due to the need for additional development.

The Board has received a withdrawal of the appeal from the appellant's authorized representative, thus dismissing the appeal.

The Veteran's claimed disabilities, including those involving undiagnosed illnesses, are not shown to be related to her active duty service.

The Board has ordered a remand due to the need for additional development, including obtaining an examination and opinion regarding the relationship between the Veteran's service-connected knee disabilities and his low back disability.

The Board has determined that the Veteran's spondylosis and degenerative disc disease of the lumbar spine, bilateral hand disorder (likely including arthritis), and tempomandibular joint disorder are likely related to service. Therefore, these conditions have been granted service connection.

The Board has determined that the reduction of the Veteran's disability rating from 40 percent to 20 percent for residuals of fracture of lumbar vertebra, effective January 1, 2010, was proper based on improvement in his condition.

The Board found that the Veteran's hypertension and lumbar spine disorder are not related to service.,There is no evidence of these conditions during service, and no medical examiner has linked them to service.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred or aggravated by service, as there was no evidence of a nexus between his current conditions and his military service.

The Board has remanded the case due to the Veteran raising a claim of secondary service connection for his low back disability. The case is now before the RO for further development, including scheduling an appropriate VA examination and providing VCAA notice.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment, and thus denied his claim for a total disability rating based on individual unemployability (TDIU). The issue of an initial evaluation in excess of 10 percent for bilateral pes planus is remanded for issuance of a statement of the case.

The Board denied the Veteran's claims of service connection for left hip, left knee, bilateral pes planus, right hip, and lumbar spine disabilities. The effective date was not addressed as this is an original claim filed by the Veteran.

The Board has remanded the case for additional development, including obtaining VA treatment records and verifying stressors. The appeal is pending further adjudication.

The Veteran's DDD of the lumbosacral spine is productive of significant functional impairment, resulting in forward flexion limited to 30 degrees or less during flare-ups. The Board finds that a rating of 40 percent (but no higher) for this disability has been met.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the Veteran's appeal due to a scheduling issue for a hearing before a Veterans Law Judge at the RO. The issues of service connection and increased disability evaluation remain pending.