Back / lumbar spine decisions — 2017

The Board has remanded the case for a new VA examination to evaluate the Veteran's low back disability, including addressing concerns raised by the Court regarding functional loss due to pain and flare-ups. The appeal is now pending again with the RO.

The Board has remanded the case for additional development, including a new VA examination to assess the Veteran's lumbar myofascial strain syndrome and any functional impairment during flare-ups. The TDIU claim is also before the Board due to the holding in Rice v. Shinseki.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not render him unemployable.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's low back disability is caused or aggravated by his service-connected right hip and right thigh disabilities. The appeal will be returned to the AOJ after this additional development.

The Veteran is not in need of regular aid and attendance due to service-connected disabilities alone, as his COPD, PTSD, lumbar disc disease, and burn scars do not meet the criteria for SMC at a higher rate.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 are being remanded due to the failure of the Veteran to report for VA examinations scheduled in May 2016, which were sent to his incorrect address.

The Board has reopened the Veteran's claim of entitlement to service connection for a lumbar spine disability and granted it. The issues of service connection for right hip, left hip, right knee, left knee, right ankle disabilities, and migraine headaches are all addressed on remand.

The Veteran's back disability was rated at 10 percent from January 17, 2007 to October 17, 2012 and denied for a higher rating. From October 18, 2012 to the present, he is not entitled to a higher rating as his condition does not meet the criteria for a disability rating greater than 40 percent.

The Board has ordered a remand due to missing documents and the need for an additional opinion regarding the relationship between the Veteran's kyphoscoliosis lumbar spine with degenerative changes and his service-connected right ankle disorder.

The Board has determined that the Veteran's low back disability is related to an in-service injury and grants service connection for this condition.

The Veteran's service-connected disabilities, including right knee and lumbar degenerative conditions, meet the criteria for a TDIU due to their combined effect on his ability to work.

The Veteran's service-connected disabilities, including his dysthymic disorder with anxiety and depressive disorder, do not render him unable to secure and follow a substantially gainful occupation consistent with his educational and occupational background. However, as of April 6, 2012, no single service-connected disability renders him unemployable.

The Board has remanded the case for further development, including additional VA examinations to assess the Veteran's neurological symptoms and their relationship to his service-connected lumbar spine disability.

The Veteran's low back strain does not meet the criteria for a higher rating as it does not result in significant limitation of motion or ankylosis.

The Board has found that the Veteran's lumbar spine disability, left knee injury, and right testicular pain are all related to his service. The Veteran is granted service connection for these conditions.

The Veteran's fall from a chair at the VA Medical Center did not result in any new or additional disability, and there is no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The Board finds that compensation under 38 U.S.C.A. § 1151 for back injuries is denied.

The Board found that the Veteran's low back disability was not shown to be related to his active service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining missing VA treatment records and providing an addendum opinion regarding the etiology of his back disability.

The Board found that the Veteran's current low back disability, including DDD and DJD with lower radiculopathy, did not manifest in service or is otherwise related to service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic code.