Back / lumbar spine decisions — 2014

The Veteran's claims for increased ratings are being remanded due to the need for further examinations to assess the current severity of her service-connected disabilities.

The Veteran's claims for a higher rating for his lumbar spine disability and service connection for an acquired psychiatric disorder are being remanded due to the need for additional development, including obtaining medical records and providing clarifying opinions.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, as determined by the RO. The Board has decided that a remand is necessary for further examination and consideration of his TDIU claim.

The Veteran's appeal is remanded to obtain additional medical records and for further development before the issue of increased evaluations for service-connected chronic lumbar strain can be decided.

The Veteran's cervical strain and lumbosacral strain are currently rated at 10 percent, with no separate rating for left upper extremity radiculopathy. The Board has determined that the current ratings adequately reflect the severity of these conditions.

The Veteran has withdrawn his appeals for increased ratings for headaches and herniated nucleus pulposus and degenerative disc disease with spondylosis of the cervical spine.

The Board found no evidence of a chronic back disability in service and concluded that the Veteran's current low back conditions are not related to his in-service injury. The claim for service connection was denied.

The Veteran's appeals for service connection and rating issues have been dismissed due to his withdrawal of the appeals.

The Veteran's low back disability, including lumbosacral myofascial syndrome with traumatic arthritis and herniated nucleus pulposus, was rated at 40 percent prior to July 16, 2007. Since then, the rating has been denied as higher than 40 percent.

The Board found that the Veteran's lower back disability was not incurred or aggravated during active duty service and is not proximately due to a service-connected condition.

The Board found that the Veteran's right knee, right hip, and low back disorders were not incurred in or aggravated by active service and are not proximately due to, the result of, or aggravated by his service-connected SFW to the right thigh.

The Board has ordered a remand due to the inadequacy of the March 2008 VA examination, which did not consider all available lay evidence and only referenced one back injury in service. The Veteran's claim for service connection for his back disability is now pending again.

The Board has remanded the case due to inadequate VA examination and need for additional medical records, particularly from the Veteran's treatment at the VA Audie Murphy Hospital in San Antonio, Texas.

The Board has remanded the case to the RO for scheduling a video conference hearing. The Veteran's claims for service connection and reopening of his asbestosis claim are pending.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and arranging for a VA examination to assess his right tibia/knee and lumbar spine disabilities. The TDIU claim will also be addressed.

The Board has determined that the Veteran's low back disorder and right leg injury residuals do not meet the criteria for service connection or an initial compensable evaluation, respectively. The evidence does not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's claim for service connection for a chronic low back disability, claimed as residuals of a low back injury in service, is being remanded to obtain additional medical evidence and an opinion regarding the relationship between his current condition and his military service.

The Veteran's appeal for an initial rating in excess of 30 percent for migraine headaches has been withdrawn. The issues of entitlement to a compensable evaluation for alopecia and to an initial rating in excess of 10 percent for degenerative disease of the lumbar spine with lumbar spine scoliosis are remanded.

The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's left lower extremity radiculopathy secondary to thoracolumbar spine degenerative arthritis is currently rated at 10 percent.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for additional evidence and a certification from the Chief Medical Director regarding the use of his service-connected back and knee braces.