Back / lumbar spine decisions — 2016

The Board has granted a TDIU effective June 24, 2010. The case was remanded to obtain an opinion regarding the impact of service-connected depression and low back disabilities on the Veteran's ability to function in work-related tasks prior to August 21, 2006.

The Veteran's lumbar spine disability has been manifested by symptoms of painful motion, stiffness, forward flexion to 20 degrees, and incapacitating episodes with a total duration of at least six weeks per a 12 month period. For the entire increased rating period from November 24, 2008, the Veteran's lumbar spine disability has been rated as 60 percent disabling.

The Veteran's back disability is characterized by tightness, pain and limitation of motion. The Board finds that the evidence does not meet the criteria for a rating in excess of 40 percent. For his residuals of burns to the fingers, there is no clinical evidence showing such condition.

The Board has ordered a VA examination to determine the etiology of the Veteran's left hip, leg, and low back disorders. The case is being remanded for further development.

The Board has remanded the claims for service connection and TDIU due to inadequate opinions in the previous VA examination. Additional development is needed, including obtaining updated treatment records and providing a new opinion from an appropriate medical professional.

The Veteran requested to withdraw his appeal regarding the initial rating for degenerative joint disease of the lumbar spine, and as a result, the Board dismisses the appeal.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board has remanded the Veteran's claims due to scheduling issues and the need for an SOC on the issue of additional VA disability compensation based on the dependency of C.

The Veteran's service-connected intervertebral disc syndrome (IDS) of the cervical and lumbar spine was rated based on its severity, with increased ratings granted for certain periods.

The Veteran's claims for service connection are being remanded to obtain a medical opinion regarding the etiology of his claimed low back, knee, hand, and foot disabilities on a direct basis.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran's lumbar strain did not meet or approximate criteria for a rating in excess of 20 percent.

The Veteran's service-connected back condition is manifested at worst by 30 degrees of forward flexion with no indication of ankylosis. The evidence also reveals that the Veteran suffers from additional functional loss due to severe pain and flare-ups, warranting a disability rating of 40 percent.

The Board has determined that the Veteran's low back and heart disabilities are not service-connected, as there is no evidence of a direct connection to his military service or secondary to his right ankle disability.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the nature and likely etiology of the Veteran's low back disability.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, and left L5-S1 radiculopathy. The claim of service connection for a left knee disability is reopened but remains pending.

The Veteran's lumbar spine DDD L5-S1 is currently rated at 60 percent, effective August 30, 2013. His LLE radiculopathy of L5-S1 is no longer separately evaluated as it is now encompassed within the evaluation for his lumbar spine disability.

The Veteran's appeal for service connection for a back disability has been withdrawn. The remaining claim of service connection for a psychiatric disability is pending.

The Veteran's claim for service connection for periodontal disease was denied as this condition is not a compensable disability. The claims for back and eye disabilities are addressed in the REMAND portion of the decision.

The Veteran's low back disability, bladder cancer and colon polyps are related to service exposure to Agent Orange. The Veteran is granted service connection for these conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The Board also found that service connection is warranted based on the Veteran's testimony and medical opinion.