Back / lumbar spine decisions — 2018

The Veteran's appeal is being remanded for a new VA examination to assess the current manifestations of his back disability, including pain points and functional impairment.

The Board has denied the Veteran's claims of service connection for a low back disability and skin disorder. The Board found no evidence linking these conditions to his military service.

The Board has denied the Veteran's claims for service connection for low back disability and obstructive sleep apnea, finding that there is no evidence to support these conditions were incurred or aggravated by his military service.

The Board has denied the Veteran's claims of service connection for a lumbar spine disorder and an acquired psychiatric disorder, finding that there is no evidence to support these conditions were incurred or aggravated by his military service.

The Board has found that the evidence is at least in equipoise as to whether the Veteran's currently diagnosed spondylosis of the lumbar spine is caused by his service-connected left knee disability. Therefore, the claim for service connection for a low back disability secondary to service-connected left knee disability is granted.

The Board has determined that the Veteran's lumbosacral spine disability is not causally or etiologically related to active service and therefore denied his claim for service connection.

The Veteran's headaches are etiologically related to her active duty service and the claim for service connection is granted. The Board finds insufficient evidence to establish a nexus between the thoracolumbar disability and service, thus remanding this issue.

The Board has denied the Veteran's claims for service connection for chronic fatigue syndrome and a low back disability, finding that there is no evidence of such disabilities in service or related to service. The claim for a compensable rating for residuals of bilateral mammoplasties was also denied as the current diagnosis does not meet the criteria for a higher rating under VA regulations.

The Veteran's appeal includes a pending claim for service connection of left knee disability and the propriety of reducing his rating for low back strain from 20 to 10 percent. The Board has not addressed the merits of these issues, leaving them in a 'mixed' disposition.

The Veteran's claims for increased ratings for his service-connected lumbar spine, right knee, and left knee disabilities are being remanded due to the need for additional development.

The Veteran's back disability is productive of limitation of forward flexion to 30 degrees or less, which warrants a 40 percent rating throughout the appeal period. The evidence does not show ankylosis or incapacitating episodes requiring at least 6 weeks of bedrest prescribed by a physician.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation since she met the schedular requirements for TDIU consideration on November 29, 2011.

The Veteran's lumbar spine disability is rated at 20 percent, effective from June 13, 2007. A separate 10 percent rating for radiculopathy of the right lower extremity is granted from March 23, 2010 to August 2, 2011.,The Veteran's lumbar spine disability remains rated at 20 percent since October 1, 2011.

The Board denied an initial rating in excess of 40 percent for a service-connected lumbar spine disability, finding no basis to award such a higher rating based on the objective medical findings and lack of incapacitating episodes requiring bed rest.

The Board has remanded the case due to incomplete records and failure to issue a Supplemental Statement of the Case. The Veteran's claims for service connection are pending.

The Board denied the Veteran's claim for SMC based on need for regular aid and attendance at a higher level of care, finding that he did not meet the criteria for anatomical loss or use of extremities as defined by 38 C.F.R. § 3.350(f).

The Veteran's thoracolumbar spine disability, left lower extremity lumbar radiculopathy, and lumbar spine scar were evaluated. The claims for increased ratings were denied as the disabilities did not meet or more nearly approximate the criteria for higher evaluations.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and opinions regarding his hearing loss, psychiatric disorders, left knee disability, lumbar spine disability, and TDIU claim.

The Board denied an initial rating in excess of 50 percent for adjustment disorder with depressed mood and a rating in excess of 20 percent for degenerative arthritis of the lumbar spine, with bilateral positive straight leg raising.

The Veteran's service-connected PTSD does not cause the need for regular aid and attendance of another person, thus denying entitlement to SMC based on the need for aid and attendance.