Back / lumbar spine decisions — 2017

The Board is remanding the claims for further development and an additional VA examination to address whether any new disabilities are related to VA treatment, including alcohol use.

The Veteran's lumbar spine disability has been granted a 40 percent rating effective June 7, 2014. The separate ratings for radiculopathy of the lower extremities and neurogenic bladder have also been granted.

The Veteran's claims for earlier effective dates for service connection have been granted, with the effective date set at October 1, 1997.

The Board has determined that the Veteran's low back disorder is related to his active service and grants entitlement to service connection.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and PTSD. The Board found that there was no evidence to support the Veteran's claim of in-service injury, and his current conditions are not related to service.

The Veteran's appeal is being remanded to the AOJ for further action regarding his claims of increased ratings and TDIU prior to October 9, 2014. The Board will refer the issues of extraschedular evaluations and referral to the Director of Compensation Service.

The Board denied service connection for an acquired psychiatric disability (claimed as secondary to residuals of a service-connected pilonidal cyst) and a lower spine disability (claimed as secondary to residuals of a service-connected pilonidal cyst). The claims for bilateral hip pain, coccydynia, and male pelvic pain were also denied. New and material evidence was not received to reopen the claims for these conditions.

The Board denied service connection for a low back disability and denied entitlement to an increased rating for the Veteran's pilonidal cystectomy scar. The issues of service connection for bilateral lower extremity neuropathy and a low back neurological or muscle disability were not addressed as they are considered 'unknown' due to lack of clear decision.

The Board found that the Veteran's current back condition and nerve damage affecting the right leg and foot are not related to service or any incident therein.

The Board has remanded the case for further development, including obtaining private treatment records and a VA examination to determine the etiology of the Veteran's lumbar spine disorder and any acquired psychiatric disorder.

The Board has determined that the Veteran's current thoracolumbar disability is related to his in-service injury, and thus service connection for low back disability is granted.

The Board found no evidence of a chronic back disability in service and concluded that the Veteran's current low back disorders are not related to his military service.

The Board has determined that the Veteran's bilateral inguinal herniography residuals did not meet the criteria for a 10 percent rating prior to March 19, 2009. From March 19, 2009, there is no legal entitlement to a compensable rating based on multiple noncompensable service-connected disabilities. The Veteran's bilateral inguinal herniography residuals have not required at least one month of convalescence or resulted in severe postoperative residuals as per VA regulations.

The Veteran's lumbar spine disability is rated at 40 percent, effective as of the date of the decision. The effective date for additional compensation for dependent child C. is prior to September 1, 2015.

The Veteran's lumbar spine disability is found to be secondary to his service-connected right leg disability, and the claim for service connection is granted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining updated treatment records and a retrospective medical opinion regarding range of motion prior to January 17, 2013.

The appellant's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeal.

The Board has remanded the case due to an inadequate examination, and the Veteran's complaints of back pain since service.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's service-connected disabilities are of such severity as to render him unemployable without regard to advancing age or the presence of any nonservice-connected disorders. The Board has granted TDIU.