Back / lumbar spine decisions — 2016

The Veteran's claim for an increased evaluation for his service-connected spine disability is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Veteran's appeal is being remanded to schedule a videoconference hearing before the Board of Veterans' Appeals. The issues include rating for chronic low back pain and intervertebral disc degeneration, as well as erectile dysfunction and bilateral pes planus.

The Board has determined that the Veteran's preexisting scoliosis was aggravated by active service, and therefore grants service connection for degenerative disease of the thoracolumbar spine with dextro-convex rotoscoliosis of the thoracic spine.

The Board has determined that the Veteran's right leg and low back conditions are not service-connected, as there is no clear evidence of a pre-existing condition aggravated by service or any chronic disability related to service. The Veteran's current conditions are attributed to his military training and injuries sustained before induction into service.

The Board finds that the Veteran's lumbar spine disorder is related to service, and grants service connection for this condition. The dental trauma claim is denied as there is no current compensable disability.

The Veteran has withdrawn his appeal for service connection of a thoracolumbar spine condition, and the Board is dismissing the case.

The Veteran's claim for service connection for PTSD, bilateral knee strain, allergies, and an acquired psychiatric disorder other than PTSD is denied. The right ankle sprain and degenerative joint disease of the lumbar spine are each rated at 10 percent disabling.

The Board denied service connection for a low back disorder in January 1982 and did not reopen the claim. The Veteran's new evidence does not relate to an unestablished fact necessary to substantiate his claim.

The Board has granted service connection for a lumbar spine disability and determined that the Veteran meets the financial eligibility requirements for special monthly pension based on need for aid and attendance.

The Board has remanded the case to obtain additional service personnel records and determine if the Veteran's discharge from the Army Reserve makes him ineligible for VA benefits. The case will be readjudicated after these actions.

The Board has determined that the Veteran's current upper back disorder is not related to her active military service, including any injury or disease incurred during her period of ACDUTRA. The claim for headaches was remanded but remains pending.

The Veteran's lumbar spine disability has not been manifest at any point during the appeal period by flexion limited to 60 degrees or less, muscle spasm or guarding resulting in altered gait or abnormal spinal curvature. Therefore, an evaluation in excess of 10 percent is not warranted.

The Board has remanded the issues of service connection for lumbar and cervical spine disorders due to incomplete records from National Guard service, need for new VA medical opinions regarding in-service injuries, and other procedural matters.

The Veteran's lumbar spine disorder was not shown in service or for many years thereafter, and is not related to service. Therefore, the claim for service connection for a lumbar spine disorder is denied.

The Board has remanded the claim for further examination and opinion regarding service connection for bilateral lower extremity radiculopathy, including as secondary to service-connected low back disability and/or bilateral knee chondromalacia. The issue of whether lumbosacral DDD is secondary to service-connected lumbosacral strain has also been raised.

The Veteran's claim for an increased rating and earlier effective date for his service-connected degenerative joint disease of the lumbosacral spine was granted. The disability is rated at 20 percent, effective February 5, 2010.

The Veteran's low back disability, including radiculopathy of the right and left lower extremities, was granted an increased rating to 40 percent effective August 25, 2014. The issue of a TDIU remains pending.

The Board found that the Veteran's lumbar spine disorders, including DDD and DJD, are not related to his military service.

The Board has remanded the case due to the need for additional development, including obtaining medical records and possibly a VA examination. The Veteran's claim for service connection for a low back disability will be reconsidered.

The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not show that he had unfavorable ankylosis of the entire thoracolumbar spine or the entire spine, and there were no incapacitating episodes due to intervertebral disc syndrome (IVDS).,The Board found that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since June 9, 2009.