Back / lumbar spine decisions — 2017

The Board found that the Veteran's lumbar spine disorder did not have its onset during active service or result from disease or injury in service. As a result, the claim for service connection was denied.

The Veteran's claim for a higher rating for his back disability is granted, with a 40% disability rating effective from December 4, 2007 to November 28, 2012. The claim for an increased rating for the same condition after that date remains denied.

The Veteran's appeal was denied for service connection of various conditions, including PTSD. The initial rating for PTSD prior to April 30, 2009, and on and after December 1, 2009, was also denied.

The Veteran withdrew his appeal regarding the earlier effective dates for separate evaluations of sciatic nerve radiculopathy of the lower extremities, secondary to service-connected degenerative osteoarthritis and disc disease of the thoracic and lumbar spine.

The Board has remanded the case for further development due to inadequate VA examination opinions. The Veteran's service connection claims will be readjudicated based on all evidence.

The Board denied service connection for a back disorder and peripheral neuropathy of the lower extremities, finding that there was no evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the Veteran does not have current diagnoses of hemorrhoids, lumbar spine disability, lower extremity radiculopathy, bilateral knee disabilities, or an acquired psychiatric disorder (depressive disorder) related to service. The right hip disability is also not supported by evidence.

The Veteran has withdrawn his appeals for both low back disability and brain tumor claims, citing the dismissal of these issues.

The Veteran's lumbar spine disability is rated at 40 percent, with separate ratings for L4-L5 radiculopathy of the left and right lower extremities. The claim for increased rating remains granted.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion and a VA general medical opinion to assess the Veteran's employability due to his service-connected disabilities.

The Board has ordered the RO to attempt to locate and obtain records from NAS Miramar and NAS Adak, as these locations are where the Veteran claims he received treatment for his back pain during service. The case is then remanded for a VA examination to evaluate the Veteran's claimed lower back disability.

The Board denied service connection for left hip, right hip, and low back disabilities due to a lack of evidence linking these conditions to active service.

The Board has remanded the Veteran's claims for further development, including obtaining VA examinations and opinions to address the nature and etiology of his acquired psychiatric disability, bilateral hip osteoarthritis, back disability, sleep apnea, and hypertension.

The Board has remanded the case due to incomplete development and need for an addendum opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claims for increased ratings of his lumbar spine disability and service connection for prostate cancer were denied. The claim for TDIU was also denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his claim for a TDIU.

The Veteran is found to require regular aid and attendance due to his service-connected disabilities, which cause him to be in need of assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment.

The Board denied increased ratings for the Veteran's lower back and right shoulder disabilities on an extraschedular basis, finding that the disability criteria adequately account for the Veteran's symptoms.

The Veteran's claim for a higher initial rating for his lumbar spine disability prior to August 25, 2010 was denied. The RO awarded him a 40 percent rating from that date forward.

The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity has been granted. The effective date for his right lower extremity peripheral neuropathy service connection is still under review, as are other issues related to lumbar spine disability.