Back / lumbar spine decisions — 2016

The Board has ordered a remand due to the need for additional medical opinions regarding the Veteran's low back disorder and its relationship to his military service. The case will be returned to the RO for further development.

The Veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 for degenerative disc disease and an effective date prior to December 1, 2004, for the award of entitlement to service connection for tinnitus are being remanded due to incomplete records from SSA and VA treatment centers.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a possible VA examination. The claim will be reconsidered based on all available evidence.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's neck condition, acquired psychiatric disorder, and headache disorder. The issues on appeal are for service connection.

The Board found that the Veteran's current low back disability is not related to his active duty service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of his lumbar spondylosis and left lower extremity radiculopathy. The claim for entitlement to a TDIU will be deferred.

The Board denied the Veteran's claim for an initial disability rating in excess of 40 percent for his service-connected low back spondylosis and spondylolisthesis, finding that there was no evidence of incapacitating episodes due to intervertebral disc syndrome or ankylosis.

The Veteran's service-connected low back disability has not been characterized by unfavorable ankylosis of the entire thoracolumbar spine, unfavorable ankylosis of the entire spine, or incapacitating episodes having total duration of at least 6 weeks during a 12 month period. Therefore, the claim for increased rating is denied.

The Board has decided to remand the case for additional development due to inadequate rationale and lack of compliance with prior remand directives regarding the etiology of any current back disability.

The Veteran's chronic low back pain was evaluated at a 20 percent rating from May 10, 2005, to August 23, 2007.

The Veteran's claim for an initial evaluation in excess of 20 percent from November 1, 2008 to June 28, 2014 and in excess of 40 percent thereafter for a lumbar strain was denied.

The Board has granted the Veteran's claim for a TDIU, finding that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board has remanded the case for a new examination to assess the nature and likely etiology of the Veteran's claimed low back disability. The examiner is asked to clarify whether the Veteran's chronic myofascial lumbar pain pre-existed her service from August 2005 to August 2010, if so, whether it was aggravated during that period, and if not, whether it is otherwise related to her service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and the preponderance of evidence is against his claim for TDIU.

The Veteran's service-connected disabilities, including ischemic heart disease and diabetes mellitus type II with nephropathy, have been linked to several of his current conditions. The Board has granted secondary service connection for these conditions.

The Board has determined that the Veteran's current low back disability was incurred during her active duty service and granted her claim for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for respiratory problems, thoracolumbar myositis and disc bulge, a skin rash, and an adjustment disorder with mixed anxiety and depressed mood. The decision is mixed as some issues have been granted while others remain pending.

The Board has determined that the Veteran's sleep apnea is attributable to his military service and grants service connection for this disability.

The Veteran's lumbar spine disability was initially evaluated as 10 percent disabling from February 1, 2009 to April 7, 2014. Since April 8, 2014, the disability has been rated at 40 percent. The Board found that both evaluations were appropriate based on the evidence of record.