Back / lumbar spine decisions — 2015

The Board denied the Veteran's claim for revision of the July 1996, July 1997 and November 1999 rating decisions on grounds that they contained clear and unmistakable error (CUE), finding that the burden to establish such error was not met.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical treatment records. The case will be reconsidered after these actions are completed.

The Board has determined that the Veteran's current low back disability is related to his service, as evidenced by his in-service injury and subsequent continuous symptoms. As such, the claim for service connection is granted.

The Board found no evidence of a low back disability during service or for many years after discharge, and concluded that the Veteran's current lumbar spine disability is not related to his service-connected bilateral knee disabilities. Therefore, service connection cannot be established.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing.

The Board has determined that the Veteran's claimed back and stomach disabilities are not service-connected, as there is no evidence of a chronic condition in service or continuity of symptomatology since service.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected low back disability and neurological findings. The claim for TDIU will also be referred to the Director of Compensation Service.

The Board has remanded the case due to VA's failure to obtain treatment records from the University Hospital of Cleveland for the Veteran's neck and back disorders.

The Board has remanded the case for additional development due to concerns about the adequacy of VA examinations and the need to obtain Veteran's medical records from a specific period.

The Board has granted a TDIU based on the Veteran's service-connected PTSD, which is currently rated at 100 percent disabling.

The Veteran's lumbar spine degenerative disc disease is currently rated at 20 percent, but the Board has determined that a higher evaluation of 40 percent is warranted based on severe limitation of motion.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of outstanding medical records.

The Board found that the Veteran's current back disability is less likely than not related to his military service, including a lifting injury in service. The preponderance of evidence does not support a finding of service connection.

The Board has determined that the Veteran's current left shoulder condition, bilateral hearing loss, and low back disorder did not manifest in service or are otherwise related to military service.

The Veteran's service-connected lumbar spine disability did not result in residuals of vertebral fracture or unfavorable ankylosis of the entire spine since September 23, 2002. Therefore, his claim for a higher rating was denied.

The Veteran's claims for increased rating and service connection were denied. The Board found no evidence of ankylosis or incapacitating episodes, leading to a denial of the initial increased rating claim. Service connection was also not granted due to lack of evidence supporting secondary service connection.

The Board has remanded the Veteran's TDIU claim for additional development, including a VA examination and consideration of whether an extraschedular rating is warranted.

The Board has remanded the case for further development due to incomplete examination report and need for a complete rationale regarding direct service connection.

The Veteran's claim for a rating in excess of 40 percent for low back pain with degenerative disc disease was denied. The issue regarding radiculopathy of the right lower extremity from August 18, 2007 remains pending.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and providing the Veteran with notice of his rights to submit lay statements from himself and others regarding his service-connected conditions.