Back / lumbar spine decisions — 2016

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including consideration of whether separate ratings should be assigned for radiculopathy.

The Board has remanded the case for further development, including obtaining a medical examination and opinion to address the Veteran's claims of service connection for various conditions.

The Veteran's service-connected disabilities result in an impairment of his ability to retain employment consistent with his abilities, aptitudes, and interests. The evidence shows that a MBA degree is necessary for the Veteran to remain employed at his current position.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's current neck disorder is related to service, including injuries sustained during his year of service in Vietnam. The appeal will be readjudicated after obtaining this opinion.

The Board found that the Appellant's low back and bilateral foot disorders are not causally or etiologically due to service, thus denying her claims for service connection.

The Board has determined that the appellant lacks qualifying service with the Armed Forces and is ineligible for any award of VA compensation benefits, including reopening a service connection claim for an acquired psychiatric disorder. Service connection claims for hypertension, lumbar spine disability, and neuropathy of the lower extremities are also denied as a matter of law.

The Board denied the Veteran's claims for service connection for bilateral knee, hip, back, and ankle disorders as secondary to his service-connected bilateral pes planus.

The Board denied service connection for depression and granted a 20% rating for the Veteran's lumbar spine disability. The issue of TDIU is being remanded.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 40 percent, and the Board finds that an extraschedular rating is not warranted.

The Veteran's service-connected lung disability is rated at 60 percent, and the Board has granted a TDIU based on his other disabilities. The issue of an increased rating remains pending.

The Veteran's claim for service connection for residuals of acute bronchitis is reconsidered and granted. The Board finds that new and material evidence has been received to reopen the claim, as a relevant service treatment record was submitted in June 1983.

The Veteran's service-connected open-angle glaucoma and lumbar arthritis have been granted, with a TDIU also being granted effective July 20, 2010. The VA has scheduled the Veteran for an examination to determine the current severity of his lumbar spine disability.

The Board found that the Veteran's pes planus was noted at entry into service and did not increase in severity during service, thus denying service connection for this condition. The thoracolumbar spine disability is also denied as it is considered a direct result of the pes planus.

The Veteran's initial ratings for left and right knee patella femoral syndrome, as well as his low back strain disability, have been granted at a non-compensable level (0 percent) effective July 28, 2008. The Board found that the disabilities are manifested by symptoms such as painful motion, swelling, weakened movement, flare-ups, and use of pain medication.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current assigned ratings.

The Veteran's appeal is being remanded for further action, including scheduling a hearing. The claims of increased evaluations and effective date are pending.

The Board has granted service connection for a musculoskeletal strain of the low back, but denied service connection for right and left ankle disorders, TBI, and vision disorder.

The Veteran's claims for increased ratings were denied. The right and left ankle disabilities are currently rated at the maximum allowable under VA regulations, while the low back disability is rated at 10 percent.

The Veteran is seeking to establish service connection for a lumbar spine disability and right sciatica, which he contends are related to his service-connected right knee disability. The Board has determined that additional evidence is needed and the case is being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting a VA examination to assess the severity of his service-connected back disability. The issue of entitlement to TDIU has also been raised by the record and must be addressed.