Back / lumbar spine decisions — 2016

The Veteran's appeal for a combined rating in excess of 20 percent for his right knee disability has been withdrawn. The case is being remanded to determine if the Veteran was unemployable due to service-connected disabilities prior to November 2009.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Veteran's current lumbar spine disorder is at least as likely as not related to his active duty service, and the Board finds that he has satisfied the criteria for service connection.

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's claims are being remanded due to the need for additional VA treatment records and a new VA examination.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for additional medical opinions and evidence, including records from his time in service and postservice.

The Veteran was rendered unemployable as of May 21, 2013, solely due to his multiple service-connected disabilities and this has continued unabated since that point in time.

The Veteran's low back disability was granted service connection as secondary to his active duty service, but the diabetes and hearing loss claims were denied.

The Veteran's claims for service connection are denied as the evidence does not establish a current disability or link to service.

The Veteran's lower back pain is manifested by characteristic pain on motion and, during flare-ups, forward flexion of the thoracolumbar spine limited to 30 degrees or less. The Board finds that the Veteran warrants a 40 percent disability rating for his lumbosacral strain.

The Veteran's claim for service connection of a lumbar spine disability is being remanded due to the need for a VA examination to determine if his current back disability is related to active duty service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for a higher initial rating for mechanical low back strain with multilevel degenerative spondylosis is granted, while her claims for increased ratings for radiculopathy of the lower extremities remain denied.

The Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a rating in excess of 10 percent prior to November 20, 2008.

The Board has remanded the case due to new evidence and a need for further development, including an additional VA examination.

The Board has determined that the Veteran's lumbar degenerative disc disease status post fusion surgery warrants a 10 percent evaluation, effective December 1, 2008. The neurologic abnormality is not separately compensable.

The Veteran's low back strain with degenerative joint disease prior to December 2, 2013, was found not to meet the criteria for a disability rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining his complete service personnel records and VA treatment records. Additional medical opinions are also needed regarding the diagnoses of psychiatric disorders, vasovagal syncope, seborrheic keratosis and actinic keratosis, and bilateral hearing loss.

The Veteran's wife has multiple disabling conditions that require the aid and attendance of another person, qualifying him for SMC benefits. The claims for service connection for right shoulder impingement syndrome, hypertension as secondary to PTSD, and coronary artery disease (CAD) as secondary to PTSD are denied.

The Board has determined that the December 2009 rating decision never became final due to new and material evidence provided by the Veteran in July 2010. The case is now remanded for further development, including a VA examination and obtaining private treatment records.