Back / lumbar spine decisions — 2014

The Board has remanded the claims due to incomplete development, and no specific rating assigned or effective date provided.

The Veteran's appeal is being remanded for further development, including a VA spine examination and adjudication of the TDIU claim. The case will be returned to the Board after completion of these actions.

The Board has remanded the case for further development, including consideration of all service-connected disabilities and referral to the Director of Compensation and Pension Service for an extra-schedular evaluation.

The Veteran's claim for an increased evaluation for his chronic low back sprain was denied by the Board, as it is not productive of unfavorable ankylosis or incapacitating episodes.

The Veteran's claims for service connection for a skin disorder, right elbow disability, and low back disability were denied. The Board found that there was no current diagnosis of these conditions.

The Board denied service connection for a low back disability and did not meet the criteria for a schedular total disability rating based on individual unemployability.

The Board has dismissed the appeal for service connection for memory loss due to withdrawal by the appellant's attorney. The claims of service connection for hypertension, low back strain with neurological damage, and TIAs, stroke, and seizure disorder have been reopened but are denied as there is no evidence linking these conditions to service or post-service treatment records indicate they began within one year following discharge from service. Service connection for DMII and glaucoma has also been denied due to lack of evidence showing their onset in service or a link to service.

The Veteran's appeals for increased ratings were withdrawn, and her right knee degenerative joint disease was denied.

The Veteran's peripheral edema of the right and left lower extremities is found to be related to his service-connected coronary artery disease (CAD).,There is no evidence that the low back disorder, diagnosed as degenerative joint and disc disease, was incurred in or aggravated by service. The examiner opined it may not be presumed to have been incurred therein due to lack of diagnosis within one year post-service.

The Board has remanded the case due to a scheduling error and the Veteran's failure to appear for his scheduled Travel Board hearing. The issues of service connection for lumbar spine disability, bilateral leg disability, and acquired psychiatric disorder are still pending.

The Board has determined that additional efforts are needed to obtain the Veteran's complete service treatment records and SSA disability benefits records. A VA examination is also required to determine if a back disorder is related to military service.

The Board finds that the Veteran's current back condition is etiologically related to active service and grants his claim for service connection.

The Veteran's appeal is being remanded to the AOJ for consideration of additional evidence and clarification of his intentions regarding the claims for higher initial ratings for lumbar spine degenerative joint disease and left knee degenerative joint disease.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the Veteran's low back disability and skin condition. The issues of service connection are being addressed.

The Veteran's appeal is being remanded due to his request for a Board hearing and the need to issue a statement of the case on two issues.

The Board has decided to remand the case for further development, including obtaining SSA records. The Veteran's claims for service connection for low back disability and sciatic nerve disability as secondary to a low back disability are on appeal.

The Veteran's lumbar spine disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claim for a higher rating for his service-connected low back disability is dismissed. The Board has granted the Veteran's TDIU claim, finding that he is unemployable due to his service-connected disabilities.

The Veteran's appeal for an increased evaluation of migraine headaches was withdrawn by his representative. The Board dismissed the claim as moot due to the withdrawal.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion from a VA examiner regarding whether the Veteran's low back disorder is aggravated by his service-connected knee disabilities.