Back / lumbar spine decisions — 2015

The Board is remanding the case to determine if the appellant's low back disability was aggravated by any injury or disease sustained during periods of active duty for training (ACDUTRA) and/or inactive duty for training (INACDUTRA).

The Board has remanded the case due to new evidence and the need for a VA examination.

The Board has remanded the case for a new examination to evaluate whether the Veteran's current low back disability is related to service, including consideration of direct and secondary theories of service connection.

The Board finds that the Veteran's lumbar spine disorders are related to his active duty service, and grants service connection for a back disorder.

The Board has granted service connection for a lumbar spine disability and denied service connection for an undiscovered illness or chronic multisymptom illness.

The Board has granted service connection for depressive and anxiety disorders, finding that the Veteran's psychiatric disability is proximately due to or the result of his service-connected left ankle disability.

The Board denied the Veteran's claims for a higher rating for his lumbar spine disability and for extension of a temporary total rating following surgery. The Veteran's lumbar spine disability is currently rated as 40 percent disabling under DC 5237, which requires forward flexion to be at least 30 degrees or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for additional development to obtain outstanding medical records and to schedule VA examinations to determine the current severity of his PTSD with depression and low back disability.

The Veteran's myofascitis of the thoracolumbar spine is currently rated at 40 percent from November 1, 2014 due to unfavorable ankylosis.

The Board found no evidence of an in-service injury or disease related to the Veteran's back disability, and thus denied service connection.

The Veteran's claim for a higher rating for lumbosacral strain prior to February 22, 2012 is being remanded due to the need for additional development and an addendum VA examination.

The case is being remanded for additional development to obtain updated medical records, service personnel records, and a VA examination. The Veteran's claims will be reviewed again after the additional evidence is obtained.

The Board has remanded the Veteran's claims for additional development due to insufficient opinions in previous VA examinations and the need to consider the Veteran's lay statements regarding his symptoms.

The Veteran's claims for higher ratings for his service-connected lumbar spine degenerative disc disease and left clavicle fracture were denied as the evidence did not show that either condition warranted a rating in excess of 20 percent or 10 percent, respectively.

The Veteran's appeal was granted, with service connection established for his thoracolumbar spine disorder and respiratory disorder. The initial rating for degenerative arthritis of the cervical spine is 10 percent prior to September 1, 2010 and 20 percent from that date. A separate increased 20 percent (but no higher) rating was assigned for right upper extremity radiculopathy associated with cervical spine degenerative arthritis from June 20, 2006 to February 5, 2015, followed by a separate 40 percent (but no higher) rating thereafter.

The Veteran's appeal is remanded due to the need for additional VA outpatient records and examination reports. The TDIU claim may be effectively re-raised as it was previously denied.

The Board has reopened the Veteran's claims of service connection for low back, bilateral hip and right knee disabilities as secondary to his service-connected right foot DJD with hallux valgus post fracture of the 1st, 2nd and 3rd metatarsals disability. Service connection is granted.

The Board denied the Veteran's claims for cervical and lumbar spine disabilities in November 2006, but reopened them with new evidence received since then.,Service connection was not established for cervical stenosis with disc protrusions and cord compression or lumbar spine congenital canal stenosis with intervertebral disc syndrome and nerve root impingement.

The Board found that the Veteran did not file a timely substantive appeal for her claims and denied them based on lack of evidence to support her service connection claims.

The Board has remanded the case for additional development, including an addendum opinion from a VA examiner to address whether the Veteran's thoracolumbar spine condition is related to service.