Back / lumbar spine decisions — 2018

The Board has remanded the claims due to issues with communication and scheduling of VA examinations. The Veteran's contact information needs to be verified, and she should provide any additional private treatment records.

The Board has determined that the Veteran's current low back disability, including degenerative joint disease and sciatica of the right leg, is not related to his active military service.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative joint disease and degenerative disc disease of the lumbosacral spine, is related to injuries sustained during service. Therefore, service connection for such disorder is granted.

The Veteran's low back disability and radiculopathy of the lower extremities have been rated based on their current severity, with a 40% rating for his low back disability from January 1, 2007 to January 1, 2009. He is also entitled to TDIU prior to May 1, 2009.

The Board has determined that the Veteran's back, cervical spine, and bilateral foot disabilities are not etiologically related to his active service.

The Board found that the Veteran's current lower back condition is not related to his in-service injury and denied his claim for service connection.

The Board has remanded the case for additional development, including providing an adequate VA examination to rate the Veteran's lumbar spine disability and adjudicating his TDIU claim.

The Veteran's low back disability is rated at 40 percent, effective from the date of the grant of service connection for this condition.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board's decision.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his TDIU claim is granted.

The Board finds that the Veteran's low back and neck joint pain is due to an undiagnosed illness, as it became manifest during service in the Southwest Asia Theater of operations. The claim for service connection is granted.

The Veteran's lumbar spine strain was not found to meet the criteria for a higher rating, as he did not have forward flexion of the thoracolumbar spine of 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.

The case is REMANDED to the AOJ for additional development, including obtaining updated VA treatment records and any pertinent private treatment records. The Veteran should also be scheduled for appropriate VA examinations to determine the current nature and severity of her lumbar spine and bilateral knee disabilities.

The Veteran's claim for an increased rating for his thoracolumbar spine disability was denied as the evidence did not show that his condition more nearly approximated the criteria for a higher rating prior to December 30, 2014 or from December 30, 2014 onwards.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and low back disability, but has determined that new evidence does not establish a causal relationship between these conditions and his military service.

The Veteran's claim for a higher rating for PTSD was granted, resulting in a 70% disability rating. The claims for increased ratings for chronic lumbar strain and TDIU were also granted.

The Board has reopened the claims of service connection for a right shoulder and arm disability, a cervical spine disability, and a back disability. The Veteran's new evidence is sufficient to reopen these claims.

The Board has granted service connection for lumbosacral spine degenerative disease and lumbar spasm, as well as major depressive disorder. The Veteran's current conditions are deemed to have been incurred in service.

The Veteran's claim for an initial disability rating in excess of 20 percent for low back strain is being remanded due to the need for additional development, including scheduling a new VA examination.

The Board has remanded the case due to failure to provide proper notice and scheduling of VA examinations for the Veteran's spine disability and short leg syndrome. The case is now being returned to the AOJ for further action.