Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits records. The Veteran should also be afforded a VA examination to assess the severity of his lumbar spine disability.

The Veteran seeks service connection for a back disability. The Board has decided to remand the case due to the need for additional development, including obtaining VA treatment records and scheduling an appropriate VA examination.

The Board found no evidence of chronic low back or right hip disabilities during any period of active duty, and the medical opinions concluded that current degenerative changes are not related to service. The claims for service connection were denied.

The Veteran's lumbar and cervical spine disabilities are found to be service-connected, with the cervical spine disability also being linked to his service-connected PTSD.

The Veteran is granted a disability rating of 40 percent for radiculopathy of the right lower extremity, effective October 30, 2014. He does not meet criteria for an increased rating for his degenerative disc disease or radiculopathy of the left lower extremity.

The Veteran's appeal is being remanded for additional development to address the service connection of his left hip disability, including whether it is secondary to or aggravated by his service-connected left ankle and thoracolumbar spine disabilities.

The Veteran's claim for service connection for residuals of a wound to the back of the head, lumbosacral spine disorder, cervical spine disorder, sleep apnea, PTSD, bilateral hearing loss, and pes planus of the right foot was granted. The effective date is April 11, 2012.

The Veteran's low back disability has been manifested by flexion limited to, at worst, 46 degrees; pain; weakness; and fatigability. The Board finds that the current rating of 20 percent adequately reflects his symptoms.

The Veteran withdrew his appeals regarding the initial rating for mechanical low back pain with degenerative disc disease and the claim for a TDIU prior to the Board's decision.

The Board has remanded the appeal due to a Joint Motion for Remand, and the case must be returned to the RO for further development.

The Board has remanded the case for additional development, including obtaining medical records and opinions regarding service connection.

The Veteran's service-connected spondylolisthesis of the lumbar spine is currently rated at 40 percent, and a separate rating of 20 percent for associated radiculopathy has been granted.

The Board has determined that the Veteran's symptoms of lumbar strain with DDD and disc bulge are intertwined with her service-connected fibromyalgia, making it impossible to assign a separate evaluation without violating the rule against pyramiding.

The Board has determined that the Veteran's low back disability did not originate in service and was not shown to be related to his military service. The claim for service connection is therefore denied.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination.

The Board found no evidence of a low back disability in service and concluded that the Veteran's current low back condition is not related to his military service. The examiner opined that the Veteran's current back issues are more likely due to aging, wear and tear, and other non-service-related factors.,For the headache disorder claim, the VA examiner found no evidence of a headache condition in service or shortly after service discharge. The examiner concluded that the Veteran's headaches are not related to his left eye enucleation.

The Board has granted the Veteran's claims for service connection for his right knee disorder and back disability, finding that these conditions are related to his military service.

The Board found that the Veteran's back and neck disabilities did not manifest in service or within the one-year presumptive period, and are not otherwise related to service.

The Board has remanded the case to determine if the combined effects of the Veteran's service-connected disabilities warrant an extra-schedular disability rating, and to refer the matter for review by the Under Secretary for Benefits or the Director of VA's Compensation and Pension Service.

The Veteran's claims for service connection and initial evaluations have been denied. The Board found no evidence of ankylosis, incapacitating episodes, or other criteria warranting higher ratings.