Back / lumbar spine decisions — 2016

The case is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected bilateral foot disability.

The Board granted an earlier effective date of February 18, 2011 for the award of a TDIU based on the Veteran's service-connected disabilities. The Veteran's combined disability rating was at least 70% from that date.

The Veteran's claimed back, neck, and upper extremities disabilities are not shown to have been incurred in or aggravated by service. The Board finds that the weight of the evidence is against a finding that any current disability was caused by an in-service injury.

The Board has determined that the Veteran's low back, right shoulder, left shoulder, and gastrointestinal disabilities are not service-connected as they did not manifest during or within one year after service, and there is no evidence of disease or injury incurred in service.

The Board finds that the Veteran's service-connected disabilities, specifically his lumbar DDD and left lower extremity radiculopathy, precluded him from obtaining and maintaining substantially gainful employment prior to December 18, 2009. Therefore, IU for this period is granted effective August 28, 2008.

The Veteran's appeal is being remanded for additional development, including an examination to assess his ability to work due to his service-connected disabilities.

The Veteran's appeal is being remanded for additional development of her service-connected low back and right leg radiculopathy disabilities, including a new VA examination to determine the current severity of her lumbar spine disability.

The Board has remanded the case due to issues related to service connection for a low back disability, including an opinion on whether intravenous drug use and subsequent post-service back infection were caused or aggravated by the service-connected PTSD.

The Board has decided to remand the case for further development and examination, as well as for the Veteran to provide additional evidence.

The Veteran's claim for a higher rating for his degenerative changes of the lumbar spine was granted, effective December 28, 2007. The temporary total evaluation based upon surgical treatment necessitating convalescence prior to October 28, 2008, was also granted.

The Board is remanding the case for further development, including an aid and attendance examination to determine if the Veteran's service-connected disabilities individually qualify him for SMC at a higher rate.

The Veteran's lumbar spine disability has not resulted in any functional impairment that would warrant a rating higher than the current 10 percent assigned.

The Board has granted a 20 percent disability rating for the Veteran's service-connected back disability, effective from March 16, 2010.

The Board has determined that the Veteran does not have a current disability in his knees and lower back. The claims for hand, wrist, and right shoulder conditions are denied as they do not meet the criteria for service connection.

The Veteran's cervical spine and lumbar spine disorders are currently rated at the minimum non-compensable level due to lack of limitation of motion. The Board finds that a higher rating is not warranted.

The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the cervical spine with cervical canal stenosis and left shoulder myofascial pain is being remanded due to the need for additional development.

The Veteran's back disability, including mild thoracic dextrose scoliosis and pseudoarthrosis of the lumbar spine, is being remanded for further examination to determine if they are related to military service or aggravated by it. The appeal will be reconsidered after this additional development.

The Board found no evidence of a lumbar spine disability incurred or aggravated by service and denied the claim. For ischemic heart disease, the Veteran was not exposed to herbicides during service, so presumptive service connection is not warranted.

The Board has determined that the Veteran's tinnitus claim is granted, but his lumbar spine disability claim is denied as there is no evidence of a nexus to service.

The Board has remanded the case for further development and an opinion regarding the etiology of the Veteran's low back disability, including whether it is related to service-connected stress fractures of the bilateral lower extremities.