Back / lumbar spine decisions — 2017

The Board has remanded the case for additional development, including obtaining a new VA examination to address the Veteran's range of motion and functional loss due to flare-ups.

The Veteran is entitled to a separate 10 percent disability evaluation for neurological manifestations in the lower extremities associated with his service-connected lumbar spine disability from March 6, 2013 to the present.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion and considering lay evidence of pain and functional loss. The Veteran's claim for an increased rating remains pending.

The Veteran's current low back disability is at least as likely as not caused by lifting heavy punch card boxes during his military service. The Board has granted service connection for the condition.

The Board found that the appellant's low back disorder did not result from or was aggravated by his active duty for training (ACDUTRA) service, and thus denied his claim.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the appeal for an increased rating has been denied.

The Board has remanded the Veteran's claims for further development due to outstanding VA and private medical records, as well as clarification of the June 2017 VA opinion.

The Veteran has withdrawn their appeal for an increased disability rating in excess of 30 percent for the service-connected back disability, and as a result, the issue is dismissed.

The Board has ordered a remand due to the need for additional development, including obtaining an examination and opinion regarding whether the Veteran's cervical spine condition is caused or aggravated by his service-connected conditions.

The Board has determined that the Veteran does not have a current disability manifested by joint pain and osteoarthritis, to include fibromyalgia; thoracolumbar back and cervical spine disabilities; bilateral leg disability; right and left knee disabilities (other than service-connected left knee scars); an abdominal or gastrointestinal disability; respiratory disability (sinusitis and allergic rhinitis). Therefore, the claims for these conditions are denied.

The Veteran's service-connected degenerative changes of the thoracolumbar spine at L5-S1 level are currently rated as 10 percent disabling, but do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran withdrew his appeals for increased disability evaluations and rating reductions, as well as TDIU.

The Board finds that the Veteran does not have a current autoimmune disorder, and her claimed fibromyalgia and chronic fatigue syndrome are secondary to her service-connected endometriosis with pelvic pain syndrome. However, there is insufficient evidence to establish a current thyroid disability or muscle disability in the pelvis and back area as being related to her service-connected endometriosis.

The Veteran's appeal is remanded for further development, including obtaining legible copies of service personnel and treatment records, arranging for a VA examination to determine the relationship between his diabetes mellitus and service, and scheduling an aid and attendance examination.

The Veteran's cervical and lumbar spine disabilities are rated at 20 percent, effective from February 21, 2012. The increased rating for migraine headaches is granted prior to August 25, 2010.

The Veteran's cause of death, cerebrovascular accident due to abnormal clotting due to questionable atrial fibrillation, is being reviewed for potential service connection. The VA examiner found that the Veteran’s service-connected disabilities did not contribute substantially or materially to his death.

The Board has reopened the Veteran's claim of service connection for a low back disability and finds that it is related to his active duty service, granting the claim.

The Veteran's appeal has been withdrawn by his attorney, and therefore the case is dismissed without prejudice.

The Board has remanded the case due to insufficient evidence of current disability severity and a need for additional examinations.

The Veteran's vertigo and Ménire's syndrome are granted service connection. The effective dates for the low back disability and adjustment disorder are denied, as is a compensable evaluation for bilateral knee disability.