Back / lumbar spine decisions — 2018

The Board has granted the Veteran's request to reopen his claim for service connection of a lumbar spine disability and remanded it for further development.

The Veteran's service-connected disabilities rendered him unemployable effective July 13, 2011. The Board granted a TDIU based on the evidence showing his back and neuropathy disorders prevented him from engaging in substantially gainful employment.

The Board has decided to remand several issues related to the Veteran's service connection claims due to inadequate examination reports and incomplete medical records. The main reasons for remanding are for new examinations, especially concerning the lumbar spine and allergic rhinitis.

The Veteran's claim for service connection for lumbar myositis, back condition; left knee degenerative changes associated with right knee meniscal strain and anxiety have been granted. The claims of service connection for parent-child relational problem (resolved as depression) are remanded.

The Board has dismissed the claims of service connection for low back disability, bilateral hearing loss, and hepatitis C due to the Veteran's death.

The Veteran's claims for service connection and increased ratings are being remanded due to the addition of new evidence. The AOJ is instructed to review this evidence, issue a supplemental statement of the case if necessary, and contact the Veteran to determine his preference regarding a Board hearing.

The Veteran's petition to reopen her claim of service connection for a lumbosacral strain was granted, and she is now entitled to service connection for this condition. The Board also found in favor of the Veteran on her secondary service connection claim for sciatic paralysis.

The Board has decided to remand the Veteran's claim for increased ratings for degenerative joint disease of the lumbar spine due to insufficient evidence and need for a new VA examination.

The Board has remanded the case for further development and consideration of additional evidence, including medical opinions on the nature and etiology of any diagnosed low back disorder(s).

The Veteran's appeal for service connection for unspecified depressive disorder was dismissed. The Board also remanded the cases of degenerative disc disease, thoracolumbar spine; right thigh disability; and right knee osteoarthritis.

The Board has determined that further development is necessary before a decision on the merits may be made regarding increased disability ratings for the Veteran's service-connected PTSD, lumbar spine disability, cervical spine disability, and hip disability. The Veteran was last provided a VA examination relating to his service-connected disabilities in September 2014, nearly four years ago. In light of the Veteran’s assertions, new VA examinations are required so that the current nature and severity of his service-connected disabilities may be determined.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional medical opinions.

The Veteran's cervical spine disability is rated at 30 percent, and his lumbar spine disability is rated at 40 percent. The Board has granted a TDIU based on the combined effect of these disabilities.

The Veteran's service-connected degenerative disc disease of the lumbar spine with low back pain and osteoarthritis is being remanded for a new examination to determine its current severity. The issue of entitlement to a total disability rating based upon individual unemployability is also being remanded.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment, and the Board finds that he is unemployable due to his service-connected disabilities on a schedular basis since March 11, 2008. The appeal for TDIU from February 28, 2008, to March 11, 2008, will be forwarded to the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's PTSD with alcohol and cannabis abuse is rated at a 70 percent disability rating since March 21, 2011.,Service connection for left shoulder strain and tendinitis, right shoulder strain and tendinitis, and lumbar strain are granted.

The Board denied the Veteran's claims for service connection for a back condition as secondary to his service-connected right knee disability and left knee strain, and denied his claim for an increased rating for his service-connected right knee total knee replacement.

The Board has remanded the Veteran's claims for service connection for a back and neck disability, finding that additional medical opinions are needed to determine if these conditions had their onset during active service or were aggravated by periods of inactive duty training.

The Veteran's low back disability is currently rated at 40 percent, effective January 9, 2017. The Board has remanded the case for further development and an opinion regarding service connection for a left leg disability secondary to his low back disability.