Back / lumbar spine decisions — 2016

The Veteran's initial claim for a compensable evaluation prior to October 28, 2011 was denied as his pre-existing lumbosacral spine disability did not meet the criteria for a compensable rating. From October 28, 2011 onwards, his claim for an increased evaluation was also denied due to lack of evidence showing incapacitating episodes or unfavorable ankylosis.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records from Miami and conducting examinations to determine the severity of his service-connected lumbar spine and right lumbosacral radiculopathy.

The Board has remanded the case for further development, including obtaining medical records and arranging for examinations to determine the nature and etiology of any current bilateral knee disability, back disability, and psychiatric disability. The Veteran's claims will be readjudicated based on all evidence.

The Board denied reopening of the claim for compensation under 38 U.S.C.A. � 1151 for degenerative disc disease of the cervical and lumbar spine, fibromyalgia, and myositis due to lack of new and material evidence.

The Veteran's service-connected DDD of the lumbar spine and cervical spine have been increased to 20 percent disabling, effective from February 29, 2012. The claim for TDIU is granted.

The Veteran's claims for increased ratings for his back disability and right lower extremity radiculopathy have been denied as the evidence does not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for low back degenerative disc disease as aggravated by a service-connected disability and service connection for right ear hearing loss. The issue of an initial rating higher than 40 percent for traumatic brain injury residuals is remanded.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and arthritis of the right hip, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for issuance of an SOC and further development, including review of the issues related to service connection. The claim for the left leg radiculopathy will be deferred until the intertwined issues are resolved or prepared for appellate consideration.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his military service, with reasonable doubt resolved in favor of the Veteran. The VA examiner concluded that these conditions were more likely than not caused by injuries sustained during service.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance of another person, nor does he require assistance in attending to the ordinary hazards of daily living. The Board finds that there is insufficient evidence to grant special monthly pension based on the need for aid and attendance.

The Board found that the submitted evidence does not relate to an unestablished fact, is cumulative and redundant of evidence previously of record, and does not raise a reasonable possibility of substantiating any claim. Therefore, the claims for service connection were denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his TDIU claim.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's claims for reopening service connection for neck and low back conditions are being remanded due to the need for additional development, including obtaining SSA records and a VA examination.

The Veteran's service-connected disabilities meet the schedular requirement for assignment of a TDIU and are reasonably shown to render him unable to secure and follow a substantial gainful occupation.

The Veteran's service-connected lumbar spine intervertebral disc disease and degenerative joint disease are currently rated at 40 percent, but the evidence does not support a higher rating as there is no unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran's thoracolumbar scoliosis, intervertebral disc syndrome of the lumbar spine, and degenerative arthritis changes are related to his preexisting condition during service and have been aggravated by it. As such, the appeal is granted.

The Veteran seeks service connection for low back disability. The Board has determined that a new VA examination is needed to determine the current nature and etiology of any claimed back disability, as well as whether it is related to service.

The Board has determined that the Veteran does not have a back disability that was caused by service, and therefore denied her claim for service connection.