Back / lumbar spine decisions — 2015

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not result in a combined rating of at least 70% and there is no evidence that his service-connected conditions prevent him from securing or following substantially gainful employment.

The Board has decided the case requires additional development due to the need for an aggravation opinion regarding the Veteran's low back disability and its relationship to his service-connected chronic fasciitis.

The Board has remanded the case for further development due to inadequate examination and consideration of lay evidence.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate examinations to determine the etiology of his claimed conditions. The claims are not ready for appellate review due to incomplete record and procedural defects.

The Veteran's claim for an increased rating for his degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, even when considering functional loss due to pain. His claim for TDIU was also denied as there is no indication of incapacitating episodes or intervertebral disc syndrome with a history of such episodes.

The Veteran's disability rating for lumbar radiculopathy, L5-S1 vertebral bodies, with compression deformity of the L4 vertebral body is increased to 70 percent.

The Board denied the Veteran's claims of service connection for a back disorder and chest pain, finding that there is no current disability related to service or any service-connected condition. The Board also found that secondary service connection for chest pain could not be established.

The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 was denied because the additional disabilities he developed were not caused by VA's negligence or fault.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current cervical spine disability and his service, including a review of VA treatment records and an examination by a VA examiner.

The Veteran's cervical and lumbosacral spine disabilities have been rated at 10 percent each, with no higher ratings granted. The claims for secondary service connection were also denied.

The Board has remanded the case for additional development, including a new VA examination to assess the current severity of the Veteran's service-connected low back disability and left knee degenerative joint disease. The effective date for the grant of service connection for left knee degenerative joint disease is also being addressed.

The Board has remanded the case for additional development due to incomplete rationale in a previous VA opinion regarding the Veteran's leg length discrepancy and its relationship to his service-connected right knee disability, as well as the potential aggravation of other disabilities.

The Veteran's service-connected residuals of a low back injury meet or approximate the criteria for a 60 percent disability rating due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Veteran's service-connected lumbar spondylosis was granted an increased evaluation from 10% to 20%, effective January 18, 2011, and a further increase to 40%, effective December 17, 2011. Attorney fees are being granted for past due benefits based on the legal services provided by the Appellant.

The Board has determined that the Veteran's low back and left thigh disabilities are not service-connected, as there is no evidence of a nexus between these conditions and his military service. The VA medical opinions provided significant weight to the conclusion that any current low back or left thigh disability is less likely caused by or aggravated by his service-connected bilateral knee and ankle disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination. The issues of increased disability ratings for her service-connected lower back condition and secondary service connection for urinary frequency are also being addressed.

The Veteran's service-connected residuals of a right knee injury are currently rated at 10 percent, but the Board finds that there is no evidence of more than slight instability warranting a higher rating under Diagnostic Code 5257.,Regarding her low back disability, the Board concludes that it is not related to service or any service-connected condition.

The Board has remanded the case for further development, including an audit of the Veteran's account and a current financial status report. The Veteran is to be provided another opportunity to submit evidence related to his request for waiver of recovery of overpayment.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the claims.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected spine disability and any associated neurologic involvement.