Back / lumbar spine decisions — 2017

The Board has remanded the Veteran's claims for additional development to obtain medical opinions regarding his claimed low back disability and respiratory disorders, including whether they are related to service or exposure to herbicide agents.

The Board finds that the preponderance of evidence is against a finding that the Veteran's current back disability is etiologically linked to his active duty service.

The Board has determined that the Veteran's low back disability, including lumbosacral strain and anterior wedging at T7, is as likely as not due to in-service injury. The appeal is granted.

The Veteran's low back disability, MDD, and GERD have been granted increased ratings. The cholecystectomy residuals are not compensable.

The Board has remanded the case for further development due to insufficient rationale in previous VA examination opinions regarding the Veteran's employability.

The Veteran's service-connected disabilities, including bilateral hip replacements and DJD of the lumbar and cervical spine, render him in need of regular aid and attendance. The Board grants SMC based on the need for aid and assistance.

The Veteran's appeal is being remanded due to the need for additional medical examination and consideration of new evidence submitted by the Veteran.

The Veteran's lumbar strain with degenerative changes does not meet the criteria for a higher evaluation as it does not result in forward flexion of the thoracolumbar spine limited to 60 degrees or less, muscle spasm severe enough to result in an abnormal gait or spinal contour.

The Board has granted service connection for a low back disorder but denied service connection for right and left knee disorders. The decision is mixed as it grants one claim and denies two.

The Board has determined that there is not sufficient evidence to establish service connection for a low back disability, and thus the claim is denied.

The Board has remanded the case to the AOJ for further development and readjudication due to new evidence submitted by the Veteran.

The Veteran's service-connected disabilities, including depressive disorder and a lumbosacral spine disorder, are found to be at least as likely as not preventing him from securing or following substantially gainful employment. As such, the criteria for TDIU have been met.

The Board has determined that the Veteran's back and right knee disabilities are at least as likely as not caused by or aggravated by his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development to obtain his SSA records and provide addendum opinions regarding the etiology of his cardiac disorder, hypertension, and sleep apnea.

The Veteran's claim for increased ratings of his service-connected lumbar and cervical spine disabilities was granted, with the effective date set at October 23, 2009.

The Veteran's service-connected disabilities do not meet the percentage standards for a TDIU under 38 C.F.R. § 4.16(a). However, given his vocational opinion and testimony indicating he is unable to secure or follow substantially gainful employment due to his service-connected disabilities, the Board has determined that extraschedular consideration may be warranted.

The Veteran's claims for increased evaluations of his service-connected lumbar strain, bilateral lower extremity radiculopathy, and biceps femoris strain were denied. The Board found that the evidence did not support an increase in any of these ratings.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the current severity of his back disability and an assessment of whether he qualifies for TDIU.

The Veteran's hemorrhoids and scars of the mid-abdomen and left groin have been rated as 10 percent disabling, effective October 26, 2012 and December 23, 2016 respectively. The rating for degenerative disc disease remains unchanged.