Back / lumbar spine decisions — 2016

The Veteran's low back disability has been rated at 10 percent since November 9, 2007. The Board finds that a rating in excess of 10 percent is not warranted for this period under the general rating formula.

The Board denied service connection for back and cervical spine disabilities, finding that the Veteran's current conditions did not have their clinical onset in service or are otherwise related to his period of honorable active service.

The Board has denied the Veteran's claims for effective dates prior to specified dates for various service connection determinations. The appeals are dismissed.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the etiology of any current bilateral knee and low back disabilities. The claims will be readjudicated after completion of these actions.

The Board has ordered additional development due to deficiencies in the original decision, including a failure to discuss VA's heightened duty to assist and provide adequate reasons and bases for the denial of service connection. The Veteran is advised of his right to submit alternative evidence such as buddy statements from fellow servicemembers regarding an in-service back injury.

The Veteran's low back condition and right lower extremity radiculopathy have been rated based on their current manifestations, with the highest rating of 40 percent for radiculopathy of the right lower extremity as of September 11, 2012.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claim for service connection for a low back disability.

The Veteran's lumbar spine disorder and undiagnosed diarrhea are service connected due to their onset during service in the Gulf War Theater of Operations.

The Veteran's low back disorder is currently rated at 40 percent, which meets the criteria for a disability rating in excess of 40 percent. The Veteran's left and right lower extremity radiculopathy are each rated at 20 percent.

The Board found that the Veteran's character of discharge from Marine Corps Reserve service was under dishonorable conditions, resulting in a bar to VA benefits for the period ending on or about January 10, 1996. The claim for service connection for thoracolumbar DDD with left lower extremity radiculopathy and symptoms of right lower extremity radiation without sensory-neuro deficits was denied as there is no direct evidence linking these conditions to service.

The Board has remanded the case due to new medical evidence showing a back disorder, and a supplemental opinion is needed to determine if it is related to service.

The Veteran's lumbar spine disability is rated at 10 percent, and his claims for service connection for TBI and suspected glaucoma were denied. The claim for higher evaluation of the lumbar spine disability was not granted.

The Board has determined that the Veteran's left knee disorder is related to his service-connected right knee disorder, and thus grants service connection for this condition on a secondary basis.

The Veteran's appeal is being remanded due to the need for additional examinations and development of her service-connected back and knee disabilities.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has remanded the case due to incomplete records and the need for additional medical opinions regarding service connection claims, SMC claim, and other issues.

The Board has granted the Veteran's application to reopen his previously denied claim for service connection of a low back disability and found that new and material evidence has been received. The cervical spine issue is pending as it requires further development.

The Veteran's service-connected lumbar disc disease is currently rated at 60 percent from February 1, 2007, forward.

The Veteran's death was not due to service-connected causes, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board finds that the Veteran did not meet the durational requirements for a total disability rating at the time of his death.

The Board has ordered a new VA examination to determine if the Veteran's lumbosacral spine disability is caused or aggravated by his service-connected left hip disability.