Back / lumbar spine decisions — 2014

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

The Veteran's thoracolumbar rotoscoliosis has been rated at 40 percent since April 3, 2002. The Board found that an extraschedular evaluation was not warranted for the period beginning February 9, 2005 and ending August 21, 2007, but determined that a rating of 60 percent is warranted from August 21, 2007.

The Board has determined that a remand is necessary to obtain additional medical records and to schedule the Veteran for an examination to assess his service-connected lumbar spine disability. The case will be reviewed after these actions.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional examinations, consideration of new VA treatment records, and clarification on his unemployability claim.

The Veteran's service-connected lumbar and cervical spine disabilities have not met the criteria for a higher rating at any time during the appeal period.

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

The Veteran's disability rating for chronic lumbosacral back strain was restored to 50 percent effective July 1, 2009.

The Veteran's right ankle disability was initially rated as non-compensable prior to March 15, 2011 and a rating in excess of 10 percent from that date is not warranted.,For the low back strain, an initial evaluation in excess of 10 percent is denied.

The Board finds that the Veteran's current back disability is not related to his service, and therefore denies service connection.

The Board has decided to remand the case due to incomplete medical records and the need for an addendum opinion from the VA examiner.

The Board has remanded the case for additional development, including obtaining private medical records and arranging for an orthopedic examination to determine if any diagnosed low back disabilities are related to service.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical opinions and VA treatment records.

The Board has determined that the Veteran's current back disability is not related to his military service, including his period of INACDUTRA in August 1986. The evidence does not support a finding that the Veteran's back condition was incurred or aggravated during active duty or INACDUTRA.

The Board has decided to remand the case for further development, including obtaining a medical opinion regarding whether the Veteran's service-connected disabilities contributed to his death.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining relevant VA treatment records and scheduling an examination by a VA physician to assess his employability.

The Veteran's lumbar spine disorder with left lower extremity radiculopathy is found to have been incurred in service.

The Veteran's degenerative changes of L5-S1 have been rated as 20 percent disabling, but the evidence does not support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,Left lumbar radiculopathy has been granted a separate 10 percent evaluation as secondary to service-connected degenerative changes of L5-S1.

The Veteran's claim for a separate disability rating for mid-chest pain and shortness of breath is dismissed as the symptoms are already compensated by his service-connected thoracic spine disorder.,Left lower extremity radiculopathy was proximately due to, or the result of, his service-connected thoracolumbar spine disorder.

The Veteran's claims for service connection for a low back disorder and an increased rating for hypothyroidism with thyroidectomy, as well as his claim for TDIU are being remanded due to the need for additional development of evidence.

The Veteran's claims for increased ratings were adjudicated, and the Board found that some issues warranted a grant of higher ratings while others did not. The mixed disposition reflects both granted and denied issues.