Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and arranging for a VA examination to assess the severity of his knee, low back, and left ankle disabilities. The TDIU claim will also be addressed.

The Board has ordered that the Veteran be contacted to identify all VA and non-VA health care providers who have treated him or evaluated him since service for either claimed disability. The AOJ was required to take reasonable steps to obtain those records after a new VA examination was conducted in October 2014, which found the claims were not supported by evidence of record.

The Veteran was granted a TDIU effective April 12, 2005 due to her service-connected disabilities. The combined rating for her service-connected conditions reached 90% as of that date.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has determined that the Veteran's low back disorder did not have its onset in service, was not related to active service, and is not otherwise related to his service. The Veteran's foot disorder is also not related to active service or caused by a service-connected condition.

The Veteran's claim for an increased evaluation in excess of 20 percent for his service-connected degenerative changes of the thoracolumbar spine with postoperative scar is being remanded due to a change in VA regulations requiring range of motion testing. The case will be returned to the Board after further development.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling VA examinations to assess his psychiatric condition and back disability.

The Board has dismissed the appeal due to the appellant's withdrawal of all issues on appeal prior to the promulgation of a decision.

The Board has determined that the Veteran does not have degenerative disc disease of the cervical spine or degenerative joint disease of the lumbar spine that is etiologically related to his active service. The preponderance of evidence is against the claims.

The Veteran's claim of service connection for hepatitis was dismissed. The Board granted the Veteran's claim of service connection for a low back disability, finding that his degenerative joint disease and degenerative disc disease had its onset in service.

The Board has determined that the Veteran's current lumbar spine disability is related to his active service, and granted service connection for this condition.,The Board also found that the Veteran's currently diagnosed acquired psychiatric disability is related to his lumbar spine disability and granted service connection on a secondary basis.

The Veteran's service-connected mild degenerative arthritis of the lumbar spine and right knee disability have been granted initial ratings of 10 percent, effective from the date of claim.

The Veteran's current back, hip, knee, and ankle disabilities are not related to his service-connected bilateral foot disability. The Board finds that the evidence does not support a finding of direct service connection for these conditions.

The Board has remanded the case for additional development, including obtaining a VA examination to determine whether the Veteran's current back disability is causally related to service.

The Board found no evidence of a chronic back disorder present in service or within one year after discharge, and the Veteran's current condition is not related to his military service.

The Veteran's prostate cancer was not incurred or aggravated in service. The Board finds that the evidence does not support a current diagnosis of prostate cancer.,VA examinations have been conducted to determine the etiology of the Veteran's back disorder, hypertension, colon cancer, and arthritis of multiple joints. Further examination is needed to provide an adequate medical opinion on these issues.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine and left knee osteoarthritis, status post surgery, have been caused or permanently aggravated by his service-connected right knee osteoarthritis disability.

The Board denied service connection for a back disability and left leg sciatica, finding that the Veteran's current conditions did not have their inception during active duty service.

The Board has remanded the case for additional development due to insufficient evidence regarding the Veteran's claimed bilateral knee and low back disabilities, as well as his foot disability. The claims are inextricably intertwined with these issues.

The Veteran is granted a disability rating of 40 percent for his low back disability from June 22, 2006 and thereafter. The Veteran previously had a 20 percent rating prior to June 23, 2010.