Back / lumbar spine decisions — 2017

The Veteran's appeal is denied as his service-connected low back disorder does not meet the criteria for a rating in excess of 40 percent, and he did not meet the criteria for an initial rating in excess of 20 percent for radiculopathy of either lower extremity. His request for assistance in acquiring specially adapted housing or a special home adaptation grant was also denied.

The Board has remanded the case to obtain additional records and treatment information from the Veteran, as well as arrange for a spine examination. The claim will be reconsidered based on the new evidence.

The Veteran's lumbar spine disability was rated as noncompensable prior to August 23, 2011. The VA examiner found that the Veteran had forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, which meets the criteria for a 10 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case due to a conflict in opinions and need for clarification on whether the Veteran's back disability increased in severity during service.

The Board denied the Veteran's claim for a higher rating for his service-connected residuals of nephrectomy with partial adrenalectomy, finding that he does not have renal dysfunction associated with this disability.

The Board found no evidence to support service connection for right knee, left knee, or low back disabilities. The Veteran's preexisting conditions were not aggravated by his military service.

The Board has decided to remand the claims for a VA examination and further development of evidence, as no such examination was conducted in support of these claims.

The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis to his service-connected hallux valgus. The Board has remanded the case due to an incorrect legal standard applied in its determination.

The Veteran's service-connected disabilities alone did not render him in need of regular aid and attendance or confine him substantially to his dwelling and immediate premises.,The Veteran's service-connected disabilities alone did not prevent him from obtaining and maintaining substantially gainful activity doing sedentary work consistent with his educational background, work experience, and training.

The Veteran is entitled to an educational assistance benefit level of 100 percent under Chapter 33 (Post-9/11 GI Bill) due to his service-connected disabilities and the fact that he was discharged from service due to a service-connected disability.

The Board has granted a TDIU for the period from March 13, 2009, to December 4, 2012. The Veteran's claims for service connection for hypertension, diverticulitis, and large kidney mass are remanded due to procedural issues.

The Board found that the Veteran's spondylolisthesis at L5-S1 and degenerative disc disease are not service-connected as there is no clear and unmistakable evidence of a pre-existing condition, and the increase in severity during service was due to natural progression.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to schedule the Veteran for VA examinations to determine the nature and etiology of his claimed conditions.

The Board has determined that the Veteran's low back, right knee, and left knee disabilities were not incurred or aggravated during active service.,VA medical opinions found no evidence of chronic conditions in service and concluded that current diagnoses are less likely related to service.

The Veteran's DJD of the thoracolumbar spine is rated at 40 percent, and symptoms do not warrant a higher rating based on ankylosis or incapacitating episodes.

The Board has remanded the case for a VA examination to determine if any diagnosed low back disabilities clearly and unmistakably existed prior to entry into active service, whether there was an increase in severity during service, and whether the Veteran's May 2009 civilian employment injury caused her current low back disorders.

The Board has remanded the case due to a lack of recent VA examination and additional requirements established in Correia v. McDonald, 28 Vet. App. 158 (2016). The Veteran needs to be scheduled for a new VA orthopedic examination.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as there are no longer any issues to be decided.

The Veteran withdrew his claim for a rating in excess of 40 percent for a back disability on an extraschedular basis before the Board could make a decision.

The Veteran's appeal is being remanded due to failure to report for a scheduled Board hearing and other procedural issues.