Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's claims for service connection for low back and cervical spine disorders require additional development, including VA examinations.

The Board has reopened the Veteran's claim for service connection for a low back disorder and is granting it on the basis of new evidence submitted since the last final denial.

The Board has scheduled a videoconference hearing at the RO due to unforeseen financial issues preventing travel to Washington D.C. for the Veteran's appeal of service connection claims.

The Veteran's claims for service connection for chronic lumbar strain, scar, incision and drainage, right thumb, and felon of the right thumb were granted effective June 23, 2010. The Veteran did not submit a formal or informal claim prior to these grants.

The Board has remanded the case due to the need for a VA medical opinion regarding the Veteran's back and feet disabilities, as well as other issues related to service connection.

The Veteran's claim for TDIU was denied because she did not attend a VA examination scheduled in accordance with her increased rating claim without good cause.

The Veteran's left knee and low back disorders are found to be caused by his service-connected disabilities, specifically bilateral Achilles tendonitis and right knee arthritis. The claim for increased rating of right Achilles tendonitis is dismissed due to withdrawal.

The Veteran's service-connected degenerative disc disease (DDD), L5-S1, did not prevent him from securing and following a substantially gainful occupation prior to his death in August 2010. The Board found that the evidence does not show he was unemployable due solely to this disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and service treatment records. The Veteran's claim of entitlement to service connection for a low back disability is currently before the Board.

The Veteran's lumbar spine disability is rated at 40 percent prior to July 23, 2010. The Board denied a higher initial rating.

The Board has determined that the Veteran's neck and upper back disability is etiologically related to her active duty service.,The Board has also determined that the Veteran's major depressive disorder (MDD) is caused by her service-connected lumbar and cervical disabilities.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and etiology of any neurological disability of the left lower extremity. The issues of entitlement to increased ratings for lumbosacral strain prior to January 30, 2014, and for neurological impairment of the left lower extremity are being remanded as they are inextricably intertwined.

The Veteran's claim for an increased evaluation of his service-connected degenerative disc disease, thoracic spine was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other factors.

The Board has remanded the Veteran's claim for additional development, including a new VA examination and consideration of extraschedular considerations.

The Board denied the Veteran's claims for increased initial disability evaluations for his cervical spine strain and degenerative disc disease of the lumbar spine, finding that the evidence did not meet or approximate the criteria for a higher evaluation.

The Veteran's service-connected thoracolumbar strain, cervical strain, and tinnitus disabilities prevent him from securing or following substantially gainful employment.

The Board has denied the Veteran's claims for service connection for lower back disability and ischemic heart disease, finding that there is no evidence of a current disability related to military service.,The Veteran's claimed heart murmur at birth was found to be unrelated to his current heart disability.

The Board has determined that there is at least a 50% likelihood that the Veteran's degenerative arthritis of the lumbar spine began during his military service and continues to this day. The claim for service connection is therefore granted.

The Veteran's low back disability is rated at 40 percent effective November 28, 2012. Prior to this date, the disability was rated as 10 percent and after October 2, 2015, it is rated at 20 percent for left lower extremity sciatic radiculopathy.

The Board has determined that the Veteran's claimed disabilities are not related to his service and have denied all of his claims.