Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining private and VA treatment records and scheduling an orthopedic examination.

The evidence does not show that the Veteran's service-connected disabilities alone rendered him unable to secure and follow a substantially gainful occupation from June 25, 2010 to December 8, 2013.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board has remanded the case for additional development due to an inadequate examination report and the need for a new opinion regarding the etiology of the Veteran's cervical spine disability.

The Board has determined that there is no competent medical evidence linking the Veteran's low back, left foot, respiratory, or bladder cancer disabilities to service.,As such, the claims for these conditions are denied.

The Veteran's lumbar spine disability was rated at a compensable level prior to June 30, 2009. From October 27, 2012 to December 19, 2012, the Veteran's radiculopathy of the right lower extremity associated with his lumbar spine disability warranted an increased rating.

The Veteran's cervical spine disability results in the functional equivalent of forward flexion of the cervical spine to 15 degrees or less, particularly during flare-ups. Prior to May 4, 2012, her service-connected disabilities precluded her from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and employment information. The case will be readjudicated after the completion of these actions.

The Board has granted the Veteran's claims for service connection for lumbar and cervical spine DJD, finding that there is a nexus between his current disabilities and his in-service complaints of neck and back related issues.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The claims related to his service-connected lumbar fusion, left knee condition, and right knee condition are still pending.

The Veteran requested to withdraw his appeal on the issue of entitlement to an initial disability rating in excess of 10 percent prior to May 16, 2016, and in excess of 40 percent thereafter, for service-connected degenerative disc disease of the lumbar spine at L5-S1 with thoracic strain/somatic dysfunction.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which is the maximum schedular rating available. A separate 10 percent rating has been granted for the right lower radicular nerve group associated with this condition.

The Veteran's claim for service connection for his mid-back condition is being remanded due to the need for additional development, including obtaining outstanding medical records and a new VA examination.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge appearing by live video teleconference (VTC).

The Board has decided that the case needs to be returned for additional development due to missing or incomplete records, and an addendum medical opinion is required regarding whether the Veteran's current knee, hip, and back disabilities are caused or permanently aggravated by his right ankle disorder.

The Board has reopened the Veteran's claim for service connection for a lower back disability and finds that new evidence submitted since the last final denial supports this claim. The Board also finds that there is an equipoise of evidence regarding whether the current lower back disability is related to the Veteran's in-service injury, thus granting service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy of the left lower extremity.

The Board has remanded the case for additional development due to outstanding records and further review of the claim.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbar spondylosis with laminectomies of L-2 -3 and L3-4-5, is related to his active service. As such, the claim for service connection is granted.

The Veteran's claim for an effective date earlier than December 31, 2014 for service connection of arthritis 10th and 11th dorsal with atrophy was denied. The Board found that the earliest possible effective date is December 31, 2014.