Back / lumbar spine decisions — 2016

The Veteran's functional limitation of motion in his thoracolumbar spine during flare-ups, especially following periods of stillness, more closely approximated 60 degrees of forward flexion and a combined range of motion of 150 degrees prior to October 29, 2014.

The Veteran's lumbar spine disability is rated at 40 percent, effective August 28, 2006. The Board granted a TDIU prior to March 20, 2008.

The Veteran's claim for service connection for residuals of a left second toe stress fracture was denied as there is no current disability.,Service connection for migraine headaches was granted, but the rating assigned (10%) does not meet the criteria for a higher rating based on frequency or severity.

The Veteran's claims for higher ratings were denied. The initial rating assigned was appropriate based on the evidence of record.

The Board has remanded the case due to incomplete records and an addendum medical opinion is needed regarding the Veteran's lumbosacral spine disability.

The Board has determined that additional development is needed before the claims can be fully adjudicated.

The Board has ordered the RO to re-examine the Veteran and determine if his low back disability is related to service or caused by his service-connected disabilities. The case is now REMANDED for further development.

The Veteran's claim for TDIU was denied as his combined disability rating is not at least 40% and he does not meet the criteria for a TDIU on an extraschedular basis.

The Board has determined that the Veteran's low back disorder with associated symptoms affecting his lower extremities is service-connected, as it likely began during his military service and persists to this day.

The Board found that the appellant's back and right knee disabilities did not manifest during service or within one year of separation, and thus could not be presumed to have been incurred in service. The Board also determined that there was no evidence linking these conditions to service.

The Veteran's joint pain affecting his back, neck, shoulders, arms, elbows, wrists, hands/fingers, and hips has been attributed to clinical diagnoses including DDD and DJD of the lumbar spine with bilateral lower extremity radiculopathy, DDD and DJD of the cervical spine with bilateral upper extremity radiculopathy, bilateral shoulder, arm, hand and finger tendonitis, and chronic bilateral wrist sprain. The Veteran's disabilities affecting his back, neck, shoulders, elbows, wrists, hands/fingers, hips, and legs did not originate in service or within a year of service, and are not otherwise etiologically related to the Veteran's active service.

The Veteran's service-connected PTSD, severe lumbosacral spondylosis, and migraine headaches have rendered her in need of regular aid and attendance prior to October 29, 2010. The Board finds that she meets the criteria for special monthly compensation based on the need for aid and attendance.

The Board has remanded the case for further development, including obtaining VA treatment records and providing a supplemental opinion from a VA examiner regarding the nature, extent, and etiology of the Veteran's claimed low back disability.

The Veteran's appeals for increased ratings for his right knee disability and lumbar spine disability were denied. The Board found that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's appeal is being remanded for a videoconference hearing and the issuance of a Statement of the Case (SOC) on several service connection claims.

The Board has reopened the claim for service connection for a back disability due to new and material evidence. However, the Veteran's fatigue is not considered related to his active service.

The Board has remanded the Veteran's claims due to incomplete records and need for additional examinations.

The Veteran's appeal has been dismissed due to his death.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after scheduling a new hearing.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for left knee disorder, right knee disorder, back disorder, and left shoulder disorder. The Veteran's current diagnoses of bilateral knee disorders, back disorder, and left shoulder disorders are found to be related to his active duty service.