Back / lumbar spine decisions — 2016

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any low back disorder, to include left lower extremity radiculopathy. The Veteran's service connection claim will be reconsidered after this additional development.

The Veteran's claim for an increased rating for bilateral pes planus was denied, as the evidence did not meet the criteria for a higher rating. The claims for service connection for scars of the elbows and knees and recurrent neck pain were also denied.

The Veteran's appeal is being remanded due to the need for additional medical examinations and development of his claims, including those related to TBI, back disability, and bilateral knee disabilities.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records from Cherry Point Naval Hospital in North Carolina. A VA examination is also required to determine if the Veteran's current low back disorders are related to his active military service.

The Veteran's claim for a right knee disability was denied as there is no current evidence of such a condition.,New and material evidence has not been received to reopen the claims for left shoulder, upper back, and right great toe disabilities.,Service connection for an upper back disability was previously denied due to lack of evidence of a chronic disability at the time of the April 2003 rating decision.

The Board has restored the Veteran's 20 percent rating for his service-connected degenerative disc disease of the lumbar spine and intervertebral disc syndrome with sciatic nerve involvement, effective October 2, 2012. The appeal for a higher rating remains pending.

The Board has ordered additional development of the Veteran's claims for service connection for various disabilities, including left shoulder, thigh, low back, and hip disabilities. The case is being remanded to allow for a thorough review of VA treatment records.

The Board has determined that the Veteran's preexisting thoracolumbar spine scoliosis was aggravated by service, warranting service connection.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that the Veteran's current low back disability is not related to her service or to any service-connected condition. The claim for service connection was therefore denied.

The Veteran's claim for an increased rating for lumbosacral strain was granted, with a 10% rating effective March 11, 2010.,Service connection for benign prostatic hypertrophy was withdrawn from appeal.

The Board denied the Veteran's claims for service connection for diabetes mellitus, and denied his increased rating claims for lumbar spine disability and cervical spine disability. The Veteran was also denied TDIU.

The Board has remanded the case due to incomplete records and instructed that appropriate efforts should be made to obtain the Veteran's Social Security Administration (SSA) disability determination and related records. The claim will be reconsidered after these records are obtained.

The Veteran's appeal regarding the issues of bilateral hearing loss, bilateral wrist disability, sleep apnea, and residuals of meningitis has been withdrawn.,The Veteran's bilateral pes planus clearly and unmistakably pre-existed active duty service and was not incurred or aggravated by such service.

The Board has determined that the Veteran's back, right ankle and foot disabilities, and left foot disability are not related to service or any service-connected condition. The claims for these conditions have been denied.

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

The Veteran's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities were denied as the Veteran did not report for scheduled VA examinations.

The Board has granted service connection for cervical and lumbosacral spine disabilities, but dismissed the request for an earlier effective date for the right wrist disability.

The Veteran's lumbar spine disability was rated at 40 percent prior to July 21, 2015 and increased to 40 percent thereafter. The claim for TDIU prior to July 21, 2015 was denied.

The Board has ordered a remand for the Veteran's claim of service connection for a back disability, which is currently pending. The case will be returned to the AOJ for further development and consideration.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or by reason of being housebound.