Back / lumbar spine decisions — 2017

The Veteran's low back disability was characterized by muscle spasm or guarding severe enough to result in an abnormal gait, painful motion, limitation of motion, and total limitation of motion during a flare up prior to April 15, 2014. The Board found that the criteria for an evaluation of 40 percent were met.

The Board has granted service connection for a back condition and reopened the claim of service connection for an acquired psychiatric disorder. The Veteran's schizophrenia is not related to his active duty service.

The Board found that the Veteran's aortic sclerosis, osteoporosis and compression fracture of the thoracolumbar spine, and presbyopia, cataracts, pterygium, and age-related macular degeneration were not incurred or aggravated by service. The conditions are considered to be unrelated to his military service.

The Veteran's appeal is being remanded for further development, including obtaining a new opinion on his ability to function in an occupational environment due to his service-connected PTSD and other disabilities.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining both physical and sedentary employment since June 10, 2014. The Board has granted a TDIU beginning on that date.

The Veteran's initial claim for a higher rating for his cervical spine DDD and left upper extremity radiculopathy was granted, with the effective date being September 3, 2008. The assigned ratings are 20 percent for cervical spine DDD and 40 percent for left upper extremity radiculopathy.

The Veteran's appeal is remanded for the issuance of a statement of the case on issues related to service connection and an initial rating for PTSD, as well as entitlement to an earlier effective date. A new VA opinion is also required regarding his back disability.

The Board has remanded the case for further development, including obtaining a VA medical opinion to address whether the appellant's low back disorder is related to his period of active duty training from March 1990 to June 1990 and determining if he had federal service during this time.

The Veteran's claim for an effective date prior to February 1, 2008, for the reinstatement of VA benefits was denied as VA cannot resume compensation payments more than one year prior to the date of claim.

The Veteran's spine disability and TDIU claims are being remanded for additional development, including obtaining private and VA treatment records, a new examination to determine the current severity of his spine disability, and consideration of all applicable regulations when determining spine ratings prior to 2003.

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

The Veteran's service-connected disabilities, including a low back disability and knee pain, met the schedular requirements for TDIU as of October 28, 1997. However, due to his other service-connected conditions, he did not meet the combined rating criteria for TDIU prior to August 31, 2004.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining a retrospective medical opinion regarding any neurologic abnormalities associated with his service-connected lumbar spine disability.

The Veteran's service-connected lumbar sprain with degenerative joint disease was initially rated at 20 percent effective May 9, 2005.

The Veteran is entitled to a TDIU on both schedular and extra-schedular bases, effective from November 11, 2016. Prior to that date, the Board found insufficient evidence of unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability. The TDIU claim will also be reviewed.

The Board has remanded the case due to inadequate reasons and bases for weighing the probative value of the Veteran's lay statements regarding his service-connected disabilities. The VA examiner's opinions are also found to be inadequate as they did not consider the Veteran's assertions of continuous symptoms since active duty service.

The Board has remanded the case due to requests for a copy of the claims file, an updated copy of the claims file, and a DRO hearing. The appellant's representative also requested a rescheduling of the Board hearing.

The Veteran's claim for service connection for spina bifida occulta, claimed as a low back disorder and injury to the tailbone, is being remanded due to an issue of clear and unmistakable error (CUE) in the June 2005 rating decision.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and updated VA treatment records.