Back / lumbar spine decisions — 2016

The Board has reopened the Veteran's claim for service connection of a back disability and granted it. The Veteran also received special monthly compensation based on his need for aid and attendance due to his service-connected back disability.

The Board has granted service connection for chronic cough and assigned a 20 percent rating for the back disability. Other disabilities have been rated based on their specific criteria.

The Board has determined that the Veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine were at least as likely caused by an injury during military service and/or his service-connected residuals, left ankle injury. As such, the criteria for service connection have been met.

The Board found that the Veteran's heart disability was not incurred or aggravated as a result of active service and denied his claim. For the low back disability, the Court determined that the September 2014 rating decision did not properly consider the Veteran's symptoms related to limitation of motion, altered gait, spasms, pain, flare-ups lasting two to three days, discomfort, stiffness, weakness, achiness, and tightness.

The Board has determined that the Veteran's lower back and thoracolumbar spine disorder is not related to service, as there was no evidence of a pre-existing condition noted at entrance. The VA examiner found clear and unmistakable evidence that the Veteran did not have any back complaints prior to service. Therefore, the claim for service connection for this disability has been denied.

The Veteran's appeals for service connection for anemia, a back disorder, and a cervical spine disorder were denied. The Veteran was granted recognition as the helpless child of her spouse prior to attaining age 18.

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

The Board found that the Veteran's current low back disability is not causally or etiologically related to his active duty service, including his coccyx removal. The evidence does not establish a nexus between the Veteran's in-service injury and his current condition.

The Board has remanded the claim for further development due to insufficient examination and opinion regarding the Veteran's low back disability.

The Board has remanded the case due to unclear medical opinions and the need for verification of service records, including those from Fort Sill.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims.

The Veteran's service-connected degenerative disc disease of the lumbar spine with radiculopathy was evaluated at a 20% rating prior to August 1, 2008. The evidence did not support a higher rating as there were no findings of ankylosis or incapacitating episodes.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including new VA examinations and consideration of aggravation.

The Veteran's appeals for service connection and increased ratings were denied. The Board found that the lumbar spine disability did not meet or approximate the criteria for a higher rating prior to July 1, 2014, but was sufficient from that date onwards.

The Veteran's claim for higher ratings for his service-connected low back disability and radiculopathies was denied. The Board found that the evidence did not meet the criteria for a higher rating based on incapacitating episodes or limitation of motion under the General Rating Formula, nor did it show unfavorable ankylosis of the thoracolumbar spine.

The Board denied the Veteran's claims for service connection for a neck condition and low back condition, finding no current disabilities for VA purposes. The Veteran was also denied an initial rating in excess of 30 percent for obstructive sleep apnea (OSA).,There is no indication that the Veteran has any current conditions related to his military service.

The Veteran's claims for service connection for back, right knee, and left knee disabilities were denied. The claim to reopen a back disability was granted due to new evidence submitted subsequent to the appeal period.

The Veteran's service-connected DDD of the thoracolumbar spine is currently rated at 40 percent, which approximates his disability picture throughout the appeal period.

The Veteran's claim for service connection for a back disability, including degenerative disc disease is being remanded due to the need for additional development and examination.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling examinations. The TDIU claim has also been raised.