Back / lumbar spine decisions — 2017

The Board found that the Veteran's current diagnosed back, hips, feet, elbows, and shoulders disorders did not manifest until decades after his active period of service. The preponderance of evidence is against a finding that these conditions are otherwise related to his active period of service or secondary to his service-connected disabilities.

The Board finds that the Veteran's service-connected disabilities rendered him unable to obtain and maintain gainful employment consistent with his education, training, and work experience as of January 1, 2008.

The Veteran's claim for increased ratings for his service-connected chronic low back strain with degenerative changes and herniation at L4-L5, as well as left lower extremity radiculopathy, was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's TDIU claim is being remanded for referral to the Director, Compensation Service, for extraschedular consideration due to his service-connected disabilities.

The Board has granted service connection for cervical spine IVDS and DDD with facet disease, foraminal narrowing, and stenosis as directly incurred in service.

The Board has determined that the Veteran's lumbar spine disability did not have its onset during service or within one year of service, and thus denied her claim for service connection.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the requested opinions from the VA examiner.

The Board has remanded the case due to the Veteran not receiving notice of a scheduled video-conference hearing. The case will be returned to the AOJ after rescheduling the hearing.

The Veteran's appeal is being remanded for additional development, including an updated VA examination and completion of a TDIU application. The issues include seeking higher ratings for his back disability and determining if he is unemployable due to service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his bilateral hammertoes, back disorder, bilateral foot disorder other than hammertoes, tinnitus, gastrointestinal disorder, fatigue, sleep disorder, and acquired psychiatric disorder. The appeal will be returned to the AOJ after these issues have been addressed.

The Board has determined that the Veteran's current low back disorder did not manifest during service and is unrelated to his active duty. The claim for bronchitis was remanded but no decision has been made yet.

The Board has determined that the Veteran's right knee, bilateral hip and low back disabilities are not service-connected as they were not manifested during his active duty or caused by his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his right knee disability, and providing an opinion regarding whether his lumbar spine disorder is related to military service or secondary to his service-connected right knee disability.

The Board has denied the Veteran's claims for service connection for a right knee disability and a low back disability. The evidence does not show that these conditions were incurred in or aggravated by service.,For his PTSD, the Veteran's claim is pending as additional development is needed.

The Board has determined that the evidence received since the June 2009 rating decision is not new and material, and therefore, the claim of service connection for a low back disability may not be reopened.

The Board has determined that the Veteran's service connection claim for a back disorder, first lumbar vertebrae compression fracture and spinal cord compression at the second lumbar segment with paralysis of both lower extremities and bowel and bladder dysfunction is denied as his claimed disorders resulted from willful misconduct.

The Veteran's claim for an annual clothing allowance due to his service-connected low back pain and patellofemoral syndrome of both knees was denied as the braces he uses do not tend to wear or tear his clothing.

The Veteran's low back disability is rated at 40 percent from February 21, 2008 to May 14, 2013.

The Board has ordered a remand to obtain an advisory medical opinion regarding the etiology of the Veteran's low back disability, and in particular whether it is related to his complaints in service. The case will be returned for further review.

The Veteran's PTSD with adjustment disorder, depressed mood, and alcohol use disorder is currently rated as 30 percent disabling. His lumbosacral strain is currently rated as 10 percent disabling. The Board finds that the preponderance of evidence does not support an increased rating for either condition.