Back / lumbar spine decisions — 2018

The Veteran's claims for compensation under 38 U.S.C. § 1151 for various conditions are denied as the evidence does not support her contention that these conditions were caused by VA negligence or lack of care.

The Veteran's asthma has been rated at 10 percent since November 18, 2008. The Board finds that the effective date for this rating should be changed to November 18, 2008 when he was prescribed an inhaler. The issues of service connection for lumbar spine disorder and hypertension are remanded due to incomplete records.

The Board denied recoupment of the Veteran's disability severance pay because his back disability was not incurred in combat, and thus did not meet the criteria for recoupment under applicable regulations.

The Board found that the Veteran's preexisting lower back disability was aggravated by active service and granted service connection for this condition.

The Veteran's appeal for a higher initial rating for his lumbar spine disability was denied because the notice of disagreement was not filed within one year of the September 2009 rating decision.

The Veteran's service-connected lumbar spine and right knee disabilities are being remanded for further evaluation due to the need for updated treatment records and a new VA examination.

The Veteran's service-connected cervical and lumbar spine disabilities prevented him from obtaining or maintaining substantially gainful employment from February 16, 2011 to April 24, 2013. The Board granted a total disability rating for compensation purposes based on individual unemployability (TDIU) during this period.

The Board has decided to remand the Veteran's claims for additional VA examinations due to recent court decisions requiring more detailed examination reports.

The Veteran's service-connected cervical and lumbar spine disabilities prevented him from obtaining or maintaining substantially gainful employment from February 16, 2011 to April 24, 2013. The Board granted a total disability rating for compensation purposes based on individual unemployability (TDIU) during this period.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to his military service.

The Board has remanded the cases for further development to obtain records of treatment as a serviceman's dependent and for an opinion regarding the etiology of the Veteran's low back and right knee disabilities.

The Board has granted the petition to reopen the claim of entitlement to service connection for a right knee disability. However, it denied the claims for left shoulder disability, cervical spine disability, and lumbar spine disability as there is no positive nexus between these conditions and service.

The Board has remanded the issue of service connection for a low back disability due to insufficient consideration of relevant medical evidence and assertions by the Veteran.

The Board has reopened the claim of service connection for a back condition and denied it, finding that there is no evidence linking the current back condition to service.

The Board has determined that the Veteran requires assistance with his activities of daily living due to his service-connected disabilities, and therefore grants special monthly compensation based on the need for regular aid and attendance.

The Board has reopened the claim of service connection for low back disorder and granted it, but denied the claim due to lack of evidence linking the condition to active duty service.

The Board has granted service connection for hypertension, headaches as secondary to hypertension, low back disability and bilateral knee disabilities due to aggravation during active duty training.

The Board has granted service connection for a back condition, finding that the Veteran's current back symptoms are related to his in-service injury. The left ankle disability claim was denied as there is no evidence of a current disability or a link between service and present symptoms.

The Board has remanded the claims of service connection for bilateral hip, lumbar spine, bilateral knee, and bilateral ankle disabilities due to inadequate VA examinations in December 2013 and June 2015. The Veteran must be provided with an additional VA examination to determine the etiology of any current disabilities and their relationship to his period of service or any service-connected disability.

The claim for an increased rating for thoracolumbar spine strain and degenerative changes, status post discectomy is being remanded due to the need for additional development regarding the extent of functional loss during periods of flare-ups.