Back / lumbar spine decisions — 2017

The Board found that the Veteran's low back, right knee, and left knee disorders are not related to his military service. The claims for these conditions were denied.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's cervical spine disability. The appeal is now pending and will be reconsidered after the requested development.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during his active service and is not related to any in-service injury. The preponderance of evidence does not support a finding of service connection.

The Veteran's TDIU claim is being remanded for additional development, including referral to VA's Chief Benefits Director or the Director of VA's Compensation Service for a determination as to his entitlement to an extra-schedular TDIU.

The Board has remanded the case for further development, including obtaining medical records and an orthopedic examination to determine if the Veteran's current low back conditions are related to service.

The Veteran's claim for service connection for a back disability was reopened and granted. The effective date of the grant is January 20, 2015, as this is when his new claim was received by VA.

The Veteran's claims for increased ratings and TDIU eligibility were granted, with the effective date being the date of the decision.

The Board has determined that there has not been substantial compliance with the July 2015 Board remand and thus additional development is required. The Veteran's low back disability will be remanded for a new VA addendum opinion to address deficiencies in the previous opinions.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's service-connected myositis of the neck has made his lumbar spine disability worse. The claim will be returned for further development and consideration.

The Board has directed a remand to obtain an opinion regarding the etiology of the Veteran's low back disorder, specifically whether it preexisted military service and if so, whether it was aggravated by service. The case is now pending for further development.

The Board found that the Veteran's back disability was not incurred in or aggravated by service and denied her claim.

The Veteran's appeal is being remanded for additional development, including a new VA examination to address whether his leg length discrepancy and right knee disability are related and if so, whether they cause or aggravate his claimed disabilities.

The Board has determined that the November 18, 2008 rating decision contained clear and unmistakable error in failing to assign a separate 20 percent evaluation for residuals of gunshot wound, Muscle Group XX. The Veteran's gastroesophageal reflux disease with peritoneal adhesions is currently evaluated as 10 percent disabling.

The Veteran's claim for a schedular TDIU was denied as he did not meet the percentage thresholds for such. The Board found that his combined rating of 60% disabling from service-connected disabilities does not meet the requirements for a schedular TDIU. An extra-schedular TDIU is being referred to the Director, Compensation Service.

The Veteran's acquired low back disability, diagnosed as stenosis of the lumbar spine, is service-connected and rated at 20 percent since February 28, 2006. The rating for diabetes mellitus remains unchanged.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further information and compliance with duties to notify and assist. A VA examination will be conducted to assess the Veteran's functional impairment due to service-connected disabilities.

The Veteran's claim for an increased rating for his back disability was denied. The Board found that the evidence did not support a higher rating prior to November 3, 2011 and from that date forward, as he did not have unfavorable ankylosis of the thoracolumbar spine.

The VA examiner found that the Veteran's right knee disability is less likely than not caused by or aggravated by her service-connected degenerative disc disease, lumbosacral spine, and/or contusion of right hip.

The Veteran's hypertension, migraines, and other service-connected disabilities do not meet the criteria for a compensable rating or extraschedular evaluation. The Board denied his claim of entitlement to TDIU prior to September 10, 2010.

The Board has determined that the Veteran's lumbar, thoracic, and cervical spine disabilities are attributable to a fall he experienced during service in March 1974.