Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities, including right shoulder rotator cuff strain and associated conditions, rendered him unable to secure or follow a substantially gainful occupation as of June 2, 2009. Effective July 1, 2011, the Veteran was granted TDIU.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's low back disorder and his service, specifically parachute training. The claim will be reconsidered after a more focused opinion is obtained.

The Veteran's lumbar spine disability is rated at a 40% evaluation, granting the highest schedular rating for limitation of motion. The issue of entitlement to TDIU remains pending.

The Board has granted service connection for arthritis of the thoracolumbar and cervical spine disorders, based on continuity of symptoms since service separation. Service connection is also granted for arthritis of the cervical spine under presumptive service connection provisions due to a motor vehicle accident during service.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining VA treatment records and scheduling a new VA examination.

The Veteran's appeal is remanded for further development, including a new VA medical examination and consideration of the merits of his claims.

The Veteran's low back disability was manifested by forward flexion to, at worst, 80 degrees, with pain on movement and use, and total range of motion of the thoracolumbar spine of 200 degrees prior to September 11, 2015. The criteria for a higher rating were not met.

The Veteran's claims for increased evaluations for his service-connected conditions have been denied. The Board found that the evidence did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Veteran's appeal is being remanded due to inadequate examination for rating purposes and the issues are intertwined with TDIU.

The Board has remanded the case to obtain an addendum opinion regarding whether the Veteran's lumbar spine and bilateral hip disabilities were aggravated by his service-connected posttraumatic Achilles tendinitis of the left ankle. The issues of service connection for these conditions remain pending.

The Board has denied the Veteran's claims for service connection for a low back disorder and sciatic nerve damage with radiculopathy of the bilateral lower extremities, finding that there is no evidence to support the secondary service connection claim.

The Veteran meets the criteria for basic eligibility for Dependents' Educational Assistance (DEA) benefits due to his service-connected disabilities, specifically a TDIU.

The Veteran is entitled to a TDIU since January 13, 2011 and basic eligibility for DEA benefits under Chapter 35, Title 38 of the United States Code as of that date.

The Board has determined that the Veteran's back disability is caused or aggravated by his service-connected right knee disability, and thus grants entitlement to service connection for a back disability.

The Board found no evidence of a current diagnosed disability for the claimed right leg disorder, and denied service connection for all other conditions due to lack of nexus between any condition and service. The Veteran's statements regarding causation were not competent.

The Veteran's claim for a higher rating for lumbar spondylosis was denied as his disability did not meet the criteria for an increased rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of his medical records.

The Veteran withdrew his claims for increased ratings and TDIU on an extraschedular basis.

The Veteran's cervical spine and erectile dysfunction claims have been denied as there is no evidence of a current disability related to service or a service-connected condition.

The Board has determined that the Veteran is not in need of regular aid and attendance or permanently bedridden due to his service-connected disabilities, thus denying his claim for special monthly compensation based on aid and attendance/housebound status.