Back / lumbar spine decisions — 2017

The Board has decided that the reduction in compensation benefits due to incarceration should be reconsidered as there is conflicting information about whether the Veteran violated probation or parole. The case is being remanded for further clarification.

The Veteran's case has been remanded to the Director, Compensation Service for extraschedular consideration of his TDIU claim due to service-connected disabilities.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her service-connected lumbar spine and bilateral knee disabilities. The case will be returned to the Board after this additional development.

The Veteran's service connection claim for cervical spine DJD is granted. The Board finds that arthritis in the Veteran's cervical spine was manifest to a compensable degree within one year of separation from service, warranting service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA and service personnel records, as well as VA treatment records. The claims will be recharacterized to reflect the Veteran's belief that he has right leg arthritis in his right knee.

The Veteran's claims for increased ratings and TDIU are being remanded due to changes in his symptomatology since the last VA examination, and these issues are inextricably intertwined with his radiculopathy and spine disability claims.

The Board found that the Veteran's current back disability did not have its onset during active military service and is not related to an in-service injury or event, thus denying his claim for service connection.

The Veteran's appeals for higher evaluations on several knee and back conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for an increased rating for his chronic lumbar strain has been granted, with a current effective date of November 26, 2007. The Veteran is currently rated at 20 percent for this disability.

The Board has determined that additional development is needed to determine the nature and cause of the appellant's claimed disabilities, including whether they occurred during active duty service or other periods for which she would be entitled to compensation as a veteran.

The Veteran's service-connected disabilities do not include loss or permanent use of one or both feet, which is required for a grant under the applicable VA regulations. The claim is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including new VA examinations.

The Board has granted the Veteran's request to reopen his claim for service connection of a low back disability and found that new and material evidence had been received. The case is now remanded for further development, including obtaining VA treatment records, Social Security Administration (SSA) records, and an appropriate VA examination.

The Board has determined that the Veteran's degenerative arthritis and stenosis of the lumbar spine are related to her military service, granting her claim for service connection.

The Board has ordered a new VA examination to determine if the Veteran's current lumbar spine disability is related to his military service. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and providing an adequate VA examination to assess his ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected post-operative lumbar spine degenerative disc disease was rated at 20 percent effective August 2, 2010. The Board found that the evidence did not support a higher rating for this period.

The Board found that the Veteran's current low back disability is not related to his service, specifically his weekend drills with the Pennsylvania Army National Guard in April 2001. The evidence does not support a finding of an injury during service and the examiner opined that the condition was more likely due to long-term physical labor and obesity.

The Board has determined that the Veteran's low back disability is not related to service and therefore denied his claim for service connection.

The Veteran's right and left knee disabilities are rated at 10 percent each, while his back disability is also rated at 10 percent. The Board found that the evidence does not support higher ratings for any of these conditions.