Back / lumbar spine decisions — 2017

The Board found that there was clear and unmistakable error (CUE) in the November 1975 rating decision, which denied service connection for a lumbar spine disorder. As a result, service connection is granted. The issue of whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a lumbar spine disability is dismissed as moot.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations and obtaining relevant medical records. The Veteran is required to report for any scheduled examination.

The Board found that the Veteran's current low back disability and abdominal aortic aneurysm are not related to service.,There is no evidence of chronic conditions in service, and any post-service complaints do not meet the criteria for continuity of symptomatology.

The Board has decided to remand the case due to inadequate development and need for a new VA examination. The Veteran's back disability will be evaluated again with a physician who should consider prior nexus opinions.

The Board has determined that the Veteran's current back disability did not have its onset in service, was not shown to be related to service, and is not otherwise related to service. As such, the claim for service connection for a back disability is denied.

The Veteran's claims for increased ratings for his right ankle and low back strain disabilities were denied. The Board found that the evidence did not support a higher rating prior to January 27, 2015 or after that date.

The Veteran's claim for a higher evaluation for his chronic muscular strain with lumbar instability was denied by the Board. The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, and the current range of motion met the criteria for a 40% rating under the general rating formula for diseases and injuries of the spine.

The Veteran's claim for a TDIU is being remanded to the Director of Compensation and Pension Services due to service-connected disabilities, but not meeting schedular requirements. The Board will consider whether an extraschedular TDIU is warranted.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability records and a new VA examination.

The Board has determined that the Veteran's left shoulder and low back disabilities are not related to his military service, and thus denied both claims for service connection.

The Board has determined that the Veteran does not have a current low back disorder or acquired psychiatric disorder (including PTSD) that is related to service. Therefore, the claims for service connection are denied.

The Veteran's low back disability is currently rated as 20 percent disabling, and his left lower extremity radiculopathy associated with the low back disability is currently rated as 10 percent disabling. The Board finds that these ratings are appropriate for the periods at issue.

The Veteran's low back disability was rated at 10 percent prior to August 2013, and increased to 20 percent from August 2013 through November 2016. Since November 9, 2016, the Veteran is now entitled to a 40 percent rating for his low back disability.

The VA determined that the appellant's service-connected low back disability did not warrant a rating higher than 10 percent from April 30, 2008, to November 8, 2015. Beginning November 9, 2015, the VA found that the disability warranted a 10 percent rating.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the impact of service-connected disabilities on employment, and considering an extraschedular TDIU award if warranted.

The Veteran's lumbar spine strain with degenerative changes was rated at 20 percent prior to October 1, 2009 and is currently rated at 10 percent since that date.,The Veteran's right lower extremity radiculopathy has been rated at 10 percent since January 18, 2017.,The Veteran's glaucoma of the right eye was initially rated at 10 percent and remains at this level.

The Board has denied the Veteran's claims for service connection for right shoulder, back, and left knee disabilities. The Veteran's tension headaches are found to be related to his military service.

The Board denied the Veteran's request for an increased disability rating for his service-connected chronic lumbar strain, maintaining the original 40 percent rating. The case was remanded multiple times and is now pending again.

The Board has remanded the Veteran's claims due to outstanding records and the need for additional examinations. The Veteran is seeking service connection for kidney stones and a back disability.