Back / lumbar spine decisions — 2014

The Board has decided that the Veteran's claim of service connection for a lumbar spine disability needs further examination and evaluation, as the current VA examination report is inadequate due to lack of consideration of the Veteran's lay assertions regarding in-service incidents.

The Veteran's claims are being remanded for additional examinations and development due to missed scheduled VA examinations.

The Veteran's appeal for a higher disability rating for his service-connected lumbar spine degenerative disc disease is being remanded due to the need for additional examination and consideration of new evidence.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his left knee disability and determine if his low back disability is secondary to his service-connected left ankle and left knee disabilities.

The Veteran's lumbar spine disability has not been manifested by unfavorable ankylosis of the spine, bowel or bladder impairment, or incapacitating episodes with a duration of at least six weeks during any 12-month period. As such, his claim for a higher rating is denied.

The Board found that the Veteran's low back disability was not present in service or until many years thereafter and is not related to service or to an incident of service origin, including his service-connected pes planus.

The Board has reopened the claim of service connection for a lumbar spine disability previously characterized as a back strain and granted service connection. The Veteran's cervical spine disability, diabetic peripheral neuropathy, and vision disability are not service-connected.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and providing a VA examination to assess the current severity of his service-connected low back disability. The case will also be referred to the Director of Compensation and Pension Service for consideration of an extraschedular evaluation.

The Veteran's cervical spine disability is not service-connected, and his thoracolumbar spine disability has been rated at the maximum allowable under VA guidelines.

The Board found that the Veteran's current low back disability did not have its onset in service or within one year of separation, and is not etiologically related to his active service.

The Board has remanded the case due to an inadequate VA opinion and a need for further development, including a new examination.

The Board has remanded the case due to the need for additional medical opinions regarding the relationship between the Veteran's low back disability and her service.

The Board has granted service connection for the Veteran's skin disorder, neck disorder, kidney disorder, prostate disorder, left ankle disorder, right ankle disorder, lumbar spine disorder, and residuals of a right testicular injury.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his lumbar spine disability and bilateral radiculopathy.

The Veteran's claim for a total disability rating based on individual unemployability due to his service-connected lumbosacral degenerative disc disease was denied as the evidence did not show that he could not secure and follow substantially gainful employment solely due to this condition.

The Board has determined that the Veteran's claimed right leg/knee, flat feet, heart, and low back conditions are not related to his military service. The claims for these conditions have been denied.

The Veteran's claims for service connection for degenerative arthritis of the cervical spine, lumbar spine (claimed as tailbone disability), and basal cell carcinoma were denied. His claim for a compensable rating for bilateral hearing loss was also denied.

The Veteran's appeal for service connection for peripheral neuropathy of the bilateral lower extremities has been dismissed as this matter is moot due to the RO's award of service connection in an August 2012 rating decision. The remaining claims on appeal are addressed in the remand following the order.

The Veteran's service-connected PTSD and DDD with L2-L3 disc bulge have resulted in unemployability, but the combined rating does not meet the schedular requirements for a TDIU. The Board has referred the case to the Director of Compensation and Pension Service for consideration under 38 C.F.R. § 4.16(b) due to the Veteran's pregnancy-related limitations.

The Board has reopened the Veteran's claim of service connection for a back disorder and granted it, finding that new and material evidence had been submitted to support his claim. The Board also found that the current back disorder is related to the in-service injury.