Back / lumbar spine decisions — 2017

The Board has ordered a new VA examination to assess the current severity of the Veteran's back disability and any related conditions. The claim will be remanded for this purpose.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic condition during active duty or ACDUTRA and that any current low back disability is not etiologically related to his military service.

The Veteran was found to be substantially employed during the period from September 11, 2007, to June 9, 2008. Therefore, his claim for TDIU is denied.

The Veteran's appeals for increased evaluations for his low back disability, right foot disability, and depression were denied. The appeal for an evaluation in excess of 30 percent for hypertensive heart disease was also denied.

The Veteran's appeal has been withdrawn due to his authorized representative expressing a desire to withdraw all pending claims before the Board.

The Board has granted an effective date of June 27, 2013 for the grant of service connection for left upper extremity radiculopathy secondary to cervical spine degenerative disc disease.

The Veteran's appeal is being remanded for additional development to determine proper disability ratings and service connection.

The Board has decided to remand the case for further development due to a lack of consideration of the Veteran's history and symptoms related to his back injury during service.

The Board denied the Veteran's claims for increased ratings and service connection, finding that the evidence did not support a grant of any benefits.

The Veteran's claim for service connection for tuberculosis residuals and his increased rating claims for lumbosacral strain have been denied. The Board found that the evidence did not support a higher rating for his lumbar spine disability, but granted a separate 10% rating for left lower extremity radiculopathy.

The case is being remanded due to the need for a new VA examination of the Veteran's chronic low back strain, as the previous one did not comply with all regulations applicable to examination of painful joints. The Veteran must be provided with a new VA thoracolumbar spine examination that includes range-of-motion testing and assesses functional impairment.

The Veteran's back disability did not meet the criteria for a higher rating prior to June 8, 2017. Effective that date, he is granted a 10 percent rating for right lower extremity sciatica and left lower extremity sciatica as neurological manifestations of lumbar spondylosis.

The Board has remanded the case for additional development due to inadequate medical opinions and the need to obtain private treatment records.

The Veteran's appeal was granted. He is now in receipt of a 40% disability rating for his service-connected lumbosacral strain, effective from the date of the decision. His major depressive disorder remains rated at 30%, prior to February 23, 2017 and in excess of 50% thereafter. He is also granted TDIU since February 23, 2017.

The Veteran's cervical and lumbar spine disabilities have not met the criteria for higher disability evaluations under VA rating criteria.

The Board found no evidence of a low back or left ankle disorder in service, and the current disorders are not causally connected to active service.

The Board has determined that the Veteran's right knee disability is less likely than not proximately due to or aggravated by his service-connected left knee and/or low back disabilities. The claim for service connection for a right knee disability as secondary to service-connected left knee and/or low back disabilities is denied.

The Board denied service connection for a low back disorder and right thumb injury in final decisions. New evidence received since these decisions does not relate to an unestablished fact necessary to substantiate the claims.

The Veteran has withdrawn his appeals regarding the claims for service connection for a right leg disability, left leg disability, and back disability. As a result, these claims are dismissed without prejudice.

The Board has remanded the case for additional development, including obtaining VA hospital records from Fort Hood and providing an addendum opinion regarding the Veteran's lumbar and cervical spine disabilities. The TDIU claim is also being remanded due to its inextricability with the service connection claims.