Back / lumbar spine decisions — 2014

The Board found that the Veteran's current low back disability did not originate in service and is not otherwise etiologically related to service. The claim for service connection was denied.

The Veteran's service-connected disabilities alone are not of such severity to preclude substantially gainful employment prior to August 6, 2010.

The Veteran's disabilities are permanent and total in nature, meeting the criteria for specially adapted housing and a special home adaptation grant.

The Veteran's thoracolumbar spine strain and degenerative changes are currently rated at 40 percent, which is the maximum schedular rating available. The residuals of a fracture of the left second toe with degenerative joint disease are currently rated at 10 percent.

The Veteran's low backache and right knee disability have been granted service connection.,The claim for residuals of right ankle injury (claimed as right foot condition) is remanded due to inadequate examination.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine is related to his service-connected left knee disability, and thus grants service connection for this condition.

The Board found that the Veteran's current low back disability is not related to his period of military service and denied service connection for a lower back disability.

The Board has decided to remand the case for additional development, including obtaining service treatment records and medical records from Dr. M.

The Veteran's appeal is being remanded for additional development, including new examinations and consideration of the TDIU claim.

The Board has granted the Veteran's claims of service connection for bilateral pes planus, bilateral ankle strain, a psychiatric disorder (likely PTSD), lumbar strain, hypertension, and migraines. The issues have been resolved in favor of the Veteran.

The Board has remanded the case due to the need for additional examinations and development of records.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining SSA records and VA/privately obtained medical records.

The Board has dismissed the appeal due to the appellant's withdrawal of his Substantive Appeal.

The Veteran's cervical spine disability is currently rated at 10 percent, effective December 24, 2008. The Board has determined that a higher rating is not warranted as the evidence does not show forward flexion of the cervical spine to 30 degrees or less, combined range of motion to 170 degrees or less, ankylosis, muscle spasm, guarding severe enough to result in abnormal gait or spinal contour, or incapacitating episodes.

The Veteran's lung disability, asbestosis and asbestos-related pleural plaques, is found to be service-connected. The low back and bilateral knee disabilities are not service-connected.

The Board found no evidence of a chronic back disability in service or within one year after discharge, and the VA examiner opined that the current back condition is not related to service. The Veteran's claim for service connection was denied.

The Veteran's appeal is being remanded due to the need for a new examination for his cervical spine disability and because of inextricably intertwined issues regarding service connection for peripheral neuropathy/radiculopathy of the right upper extremity, lumbar spine disability, and bilateral lower extremities.

The Board has remanded the case for additional development and consideration of the merits of the reopened claim of service connection for a low back disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for low back strain. The case is now remanded for further development, including scheduling a VA examination.

The Veteran's lumbar spine disability was initially rated at 10 percent prior to February 8, 2013 and increased to 20 percent since that date.