Back / lumbar spine decisions — 2017

The Veteran's attorney has withdrawn all pending claims on appeal due to the dismissal of the case.

The Board found that the Veteran does not have service connection for her claimed lumbar spine, cervical spine, right knee, or left knee disorders due to lack of evidence showing a current disability related to active service.

The Board denied an extraschedular rating for the Veteran's service-connected residuals of multiple lumbar surgeries, finding that his symptoms and disability are adequately compensated by the current 40 percent schedular rating.

The Veteran's lumbar spine disability has not exhibited favorable or unfavorable ankylosis of the entire spine or thoracolumbar spine at any point during the appeal and has not manifested in incapacitating episodes having a total duration of at least 6 weeks during a 12 month period since May 25, 2012. Therefore, he is not entitled to higher ratings for his DDD of the lumbar spine with IVDS.

The Board has determined that the Veteran's back disability is service-connected, with no specific date provided as it was granted in this decision.

The Board has determined that the Veteran's current low back disability did not begin during service or is related to service in any other way, and therefore denied his claim for service connection.

The Board found that the Veteran's low back, left wrist, and left collarbone disabilities are not related to his service-connected knee disorders. The evidence did not support a finding of continuity of symptomatology or direct service connection.

The Board has determined that the Veteran's current left knee and back disabilities are not caused or aggravated by his service-connected right foot disabilities, including any associated altered gait. Therefore, service connection for these conditions is denied.

The Board denied service connection for a back disability and desmoid tumors, finding that the Veteran's current conditions are not related to his military service or exposure to herbicides. The claim for desmoid tumors was reopened based on new evidence but still denied.

The Veteran's back disability is granted as service connected due to a positive nexus between his current condition and an injury sustained during active duty.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and updated treatment records.

The Board has determined that an effective date of April 1, 2013 is warranted for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected low back disability and depressive disorder.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and an initial compensable rating for rhinitis, finding that there was no evidence to support these claims.

The Board has remanded the case for additional development, including obtaining all outstanding records and providing a medical opinion. The claim will be readjudicated after these actions.

The Veteran's claim for a higher disability rating for his lumbar spine injury, status post laminectomy, is being remanded due to the need for additional development including a new VA examination.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to incomplete records and a need for further development, including obtaining medical records from his time in Germany.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to inadequate VA examination reports, specifically regarding the lumbar spine degenerative disc disease.

The Board denied the Veteran's claims for increased ratings for PTSD, coronary artery disease, and service connection for sinusitis, low back disorder, neuropathy of the hands and feet, diabetes mellitus, and erectile dysfunction. The VA examinations indicated that the current conditions are not related to service.

The Veteran's right shoulder disorder and lumbar spine muscle spasms with degenerative disc disease have been granted service connection, but the Veteran is only entitled to a 20% evaluation for his lumbar spine condition from October 7, 2015 onwards.

The Veteran's service-connected disabilities did not effectively preclude all forms of substantially gainful employment prior to May 21, 2004.