Back / lumbar spine decisions — 2015

The Board found that the reduction of the Veteran's evaluation for service-connected lumbar spondylosis from 40 percent to 10 percent, effective June 1, 2011, was proper. The claims for service connection for bilateral hearing loss and bilateral knee disorders were also granted.

The Veteran's service-connected back disability and associated radiculopathy have been granted effective July 1, 2012.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of the Veteran's claimed disabilities. The AOJ should also determine if referral is warranted under 38 C.F.R. § 4.17(b) for consideration of extraschedular ratings.

The Board found no credible evidence of an in-service back injury and denied the Veteran's claim for service connection for a thoracolumbar spine disorder.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and clarifying whether the Veteran is receiving Social Security Administration (SSA) disability benefits. The case will be reconsidered based on this new information.

The Veteran's appeal is remanded for further development, including a new VA examination to address the current severity of his service-connected low back disability and its effect on his ability to perform occupational tasks in a worklike setting. The TDIU claim will also be addressed.

The Board has remanded the case for additional development and readjudication of the claims, including service connection for a low back disability, increased rating for conversion disorder, and effective date prior to January 27, 2010 for TDIU.

The Board found that the Veteran's back disability did not have its onset in service and is not the result of a disease or injury incurred in active service. The claim for sleep disorder, to include sleep apnea, requires additional action prior to adjudication.

The Board found that the Veteran's right knee and back disabilities were not caused or aggravated by his service-connected scar, residuals of a shell fragment wound of the right calf and ankle. The VA examiner concluded that there was no significant gait abnormality or leg length discrepancy to cause biomechanical abnormalities resulting from the service-connected disability, and that the arthritis in question is more likely due to age-related changes, occupational or sports-related activities, repetitive knee stresses or activities, obesity, lifestyle, and genetic factors.

The Veteran was found to be eligible for a TDIU as of November 7, 2003 due to his back condition.

The Board has remanded the claims due to insufficient opinions regarding the etiology of the Veteran's low back and respiratory disabilities, as well as a need for further development on these issues.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims for service connection for lumbar spine, bilateral heel, and shin disorders.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation during the period prior to December 6, 2012.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to determine the nature and etiology of her low back disorder and the current severity of her service-connected TAH with left salpingo-oophorectomy and partial right oophorectomy.

The Veteran's claims for service connection and evaluations have been granted, with effective dates ranging from April 29, 2008 to May 13, 2009. The specific conditions include a left knee disorder, foot disorders (pes planus and hallux valgus), left eye disorder, acquired psychiatric disorder (depression), degenerative joint disease of the right knee, ankle tendinosis, gastroesophageal reflux disease, pseudofolliculitis barbae, and shoulder rotator cuff tear.

The Board has remanded the claims due to the need for additional development, including VA examinations and readjudication.

The Veteran has withdrawn his appeal for all issues currently on appeal, including those related to PTSD, fracture of the left fifth metatarsal, lumbosacral strain, chronic left knee strain, and residuals of right knee gunshot wounds and scars.

The Veteran's claims for service connection have been reopened, but the Board is unable to make a determination on their merits due to the need for additional development of evidence.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal of these issues prior to a decision being made by the Board.

The Board has denied the Veteran's claims for service connection for back and thumb disabilities as new and material evidence was not submitted to reopen these claims.