Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's service-connected disabilities, including his back disability and diabetes mellitus, preclude him from securing and following substantially gainful employment. As a result, TDIU is granted.

The Board has decided to remand the Veteran's claims for further examination and consideration due to inadequate examinations in December 2012.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and is not related to his service-connected disabilities. As such, the claim for service connection is denied.

The Veteran's claim for an initial rating in excess of 10 percent prior to January 9, 2008, and in excess of 70 percent thereafter, for bilateral hearing loss has been denied as the evidence does not support a finding that his disability warrants such ratings.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, particularly regarding his thoracolumbar spine condition, adjustment disorder with anxious mood, and traumatic brain injury.

The Board denied service connection for a low back disorder and the increased evaluation claim for aphakia left eye with glaucoma. The Veteran's lay statements regarding continuous symptoms since service were outweighed by other evidence, including lack of treatment records prior to 1993.

The Veteran's appeal is being remanded due to his relocation and the need for a new hearing date. The issues of service connection for an acquired psychiatric disorder, degenerative arthritis of the lumbar segment of the spine, and right foot disability are still pending.

The Veteran's appeal includes a claim for an increased rating for his service-connected lumbar spine disability and another to establish an earlier effective date. The case is being remanded for further development, including obtaining updated VA treatment records and arranging for the Veteran to undergo a VA examination.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected degenerative disc disease of the lumbar spine and consideration of his claim for TDIU.

The Board has determined that the Veteran's lumbar spine conditions, including degenerative disc disease and left sacroiliitis, are related to his in-service injury during active duty service. Service connection is granted.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine the nature and etiology of the Veteran's claimed low back disorder. The issues of service connection for right leg and left leg disorders are inextricably intertwined with that of the back disability.

The Board has granted service connection for a lower back disorder and bilateral foot disorder, but denied service connection for an upper back disorder. The Veteran's current disabilities are found to be related to his active service.

The Board denied increased ratings for various conditions, finding that the Veteran did not have a currently diagnosed psychiatric disability and that his spondylotic changes at the right side of the sternum were not service-connected.

The Board has determined that the reduction of the Veteran's thoracolumbar spine disability rating from 40% to 20% effective November 1, 2010 was proper based on improvement in his condition as evidenced by a VA examination conducted in April 2010.

The Veteran's unauthorized emergency room treatment for leg pain was denied as the condition did not meet the criteria of being one that a prudent layperson would expect to be hazardous to health if there was a delay in medical attention.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining relevant medical records and conducting a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a spine examination. The claims of increased ratings for bilateral pes planus, lumbar spine strain with facet arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy are also being considered.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right lower extremity radiculopathy disabilities are being remanded for additional development.

The Veteran's lumbar spine disability was rated at 20 percent from May 12, 2009 to July 11, 2014. The rating period prior to this date is granted.

The Board has remanded the case due to incomplete records and an inadequate opinion from a VA examiner. The Veteran's claims for service connection for thoracic/lumbar spine disability and cervical spine disability are being reviewed again with new evidence and opinions.