Back / lumbar spine decisions — 2017

The Board has ordered additional development due to the need for clarification of the VA examiner's opinions regarding the Veteran's low back disability and its relationship to service. The case will be returned to the agency of original jurisdiction for further consideration.

The Veteran's appeal has been withdrawn, and the Board is dismissing his case.

The Board denied service connection for a low back disorder, finding that the current disability is not related to service and there was no evidence of onset within one year after separation.

The Veteran's claim for service connection for a recurrent lumbar strain is being remanded due to inadequate medical opinion and the need for further development of his National Guard records.

The Veteran's claim for an increased rating for his service-connected thoracolumbar degenerative joint disease and disc disease is being remanded due to the need for a new VA examination, as well as consideration of additional evidence.

The Board has remanded the case due to conflicting medical opinions regarding whether the Veteran's lower back disability is related to his active service. The AOJ must obtain SSA records and VA treatment records, provide a supplemental opinion from an appropriate medical provider, and readjudicate the claim.

The Veteran seeks service connection for a low back disorder that he claims is secondary to his service-connected left ankle fracture. The Board has determined that additional development, including obtaining treatment records and scheduling the Veteran for an examination, is necessary before deciding this claim.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and referring the TDIU claim to the Director of Compensation.

The Board has decided to remand the Veteran's claim for service connection for a low back disorder due to outstanding private treatment records and the need for a VA examination.

The Veteran's low back disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted. The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's COPD, heart condition (atrial fibrillation), back condition, neck condition, and acquired psychiatric disorder (PTSD) are not related to service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran is granted TDIU benefits effective July 7, 2008. The Board finds that it is not factually ascertainable that the Veteran's unemployability was due solely to service-connected disabilities during the one-year period preceding the date of claim for an increased rating.

The Board has granted service connection for residuals of a cerebral concussion (headaches) but denied service connection for the Veteran's back disability, finding that while there was an in-service injury, no nexus to current symptoms could be established.

The Board granted a rating in excess of 20 percent for the Veteran's service-connected lumbar spine disability prior to July 10, 2014.

The Board denied service connection for a cervical spine disability and a lumbar spine disability. The Veteran's amnesia is considered resolved.,Service connection was granted for the Veteran's amnesia, resolving his claim.

The Board has remanded the case for additional development, including obtaining an addendum opinion from the January 2016 VA examiner to address whether a current low back disability is at least as likely as not related to service. The Veteran's claim for healed duodenal ulcer remains pending.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling VA examinations to determine the etiology of any diagnosed conditions.

The Board has determined that the Veteran does not have a current lumbar spine disability that is related to his military service. The other conditions were also found to be unrelated to service.

The Veteran's claims for increased ratings for his low back disability and right shoulder disability were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities have not been shown to preclude him from obtaining or maintaining substantially gainful employment, and therefore the claim for a TDIU is denied.