Back / lumbar spine decisions — 2016

The Board has determined that additional development is needed, including obtaining the Veteran's DD Form 214 and verifying periods of active duty for training (ADT) and inactive duty for training (IADT). The AOJ should also obtain VA medical records and provide a supplemental VA examination to clarify whether the Veteran has current low back disability.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected lumbar spine degenerative disc disease is being remanded due to the need for a new VA examination.

The Veteran's service-connected conditions, including alopecia, sinusitis, fibromyalgia, lumbosacral strain, osteoarthropathy of the right and left knees, have been granted with a 10 percent rating for each condition. The effective date is not specified.

The Veteran is granted TDIU and has a combined disability rating of 90 percent, meeting the criteria for consideration under 38 C.F.R. § 4.16(a). The claims for increased ratings are denied.

The Veteran's appeal is being remanded for further development and readjudication of his claims, including obtaining updated treatment records and ensuring proper notice regarding a claim for TDIU.

The Veteran's service-connected disabilities, including her amputated left leg and bilateral foot disability, result in a need for the aid and attendance of another person. She is also entitled to specially adapted housing or special home adaptation grant due to her severe lower extremity disabilities.

The Veteran withdrew her claims of service connection for a back disability and an effective date before January 31, 2014, for the grant of a 100 percent rating for PTSD.

The Veteran's thoracolumbar spine disability and right knee disability were evaluated, but the current ratings do not meet or approximate the criteria for a higher rating.

The Veteran's appeal is being remanded due to his request for a change in the hearing date and location. The case will be scheduled for a hearing at the Montgomery, Alabama RO.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a new examination. The Veteran's claim of entitlement to a rating in excess of 10 percent for his service-connected lumbar spine disability is pending.

The Veteran's service-connected disabilities result in a physical incapacity such that he requires regular aid and assistance to dress, undress, toileting, bathing, preparing food, and shopping. As a result, the Board finds SMC based on the need for regular aid and attendance is granted.

The Veteran's lumbar spine disorder is not manifested by unfavorable ankylosis of the entire thoracolumbar spine from January 15, 2003. Therefore, a rating in excess of 40 percent for service-connected lumbosacral strain with psychophysiological musculoskeletal disorder has not been met.

The Veteran's claims for increased ratings for lumbosacral strain were denied by the Board of Veterans' Appeals.

The Veteran's lumbar spondylosis is currently rated at 10 percent from September 19, 2014. The condition has been shown to cause limitation of forward flexion to 90 degrees with pain beginning at 40 degrees.

The Board has remanded the case for several reasons, including obtaining a new medical opinion regarding the etiology of the Veteran's low back disorder and scheduling a hearing before a Veterans Law Judge. The issues of service connection for a low back disability and the propriety of reducing the right ankle fracture rating remain on appeal.

The Board has remanded the case for additional development to determine if any current psychiatric or low back disorders are related to service, including inservice complaints and diagnoses.

The Veteran's right ear hearing loss and low back disability have been granted service connection, with the low back disability receiving a 60% rating. The effective date for his TDIU remains at January 17, 2008.

The Veteran's appeals for increased disability rating and service connection have been dismissed as the Veteran withdrew his appeals in August 2016.

The Veteran's claim for a higher disability rating for his service-connected back disability is being remanded due to the need for additional examination and development of evidence.

The Board has determined that the Veteran's low back and lower extremity neurologic disabilities are not etiologically related to service, and thus denied his claims for service connection.