Back / lumbar spine decisions — 2018

The Veteran's claim for a higher rating for his mechanical low back pain was denied, and the Board found that he is not unemployable due to service-connected disabilities.

The Veteran's claim for service connection for a low back disability is pending. The effective date of the grant of service connection for an acquired psychiatric disorder has been set at February 22, 2010, with a rating of 30% from that date and increased to 50% in July 2017. The Veteran's claim for an initial rating in excess of 50 percent remains pending.

The Veteran's lower back and right knee disabilities have been granted increased ratings, with the lower back disability receiving a 20% rating since July 26, 2008.

The Board found that the Veteran's lower back disability did not manifest within one year of his entry into service and is not otherwise related to his military service.

The Board has remanded the case due to insufficient examination and opinion regarding the etiology of the Veteran's low back disability. The claim is being returned for further development.

The Veteran's appeal is being remanded to obtain additional service treatment records and for a VA examination to determine the etiology of his claimed disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, his left shoulder disability at 10 percent, and he has an initial compensable rating for allergic rhinitis. The appeal was granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA psychiatric examination to determine if any current psychiatric disorder is related to military service, and scheduling a VA examination to determine if any low back disorders are the result of his military service.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to service, as well as his bilateral lower extremity radiculopathy which is secondary to his lumbar spine disability. Service connection for these conditions is granted.

The Veteran's thoracic spine disability, including a vertebral stress fracture with T10 damage, is being remanded for further development as the service treatment records are unavailable and an examination is needed to determine if it is related to his reported in-service injury.

The Veteran's appeals for an increased rating for his right knee condition and service connection for sciatic nerve pain and a lumbar spine disability have been dismissed as the Veteran withdrew these issues in his March 2017 Board testimony. The claim of service connection for a lumbar spine disability was denied due to lack of evidence showing it is related to active duty.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a thoracolumbar lumbar spine condition, but the claim remains denied as there is no established service connection due to lack of probative evidence supporting the Veteran's assertions.

The Board denied the Veteran's claim for an earlier effective date prior to July 21, 2011 for resumption of his disability compensation benefits for lumbosacral strain due to failure to initiate a timely appeal.

The Veteran's hypertension and low back disorder are found to be at least as likely as not related to service. The right ankle disorder appeal is withdrawn by the Veteran. Service connection for PTSD remains pending.

The Veteran's claims for increased evaluations of his service-connected lumbar spine disability and bilateral lower extremity radiculopathy are being remanded due to the need for additional medical examinations and records.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding his claimed skin cancer and back disability.

The Board has determined that additional development is needed to consider the Veteran's claims, including obtaining VA and private treatment records. The case will be returned for further review.

The Veteran's service connection claims for bilateral shoulder bursitis, hip condition, left knee bursitis, and degenerative arthritis of the lumbar spine have all been granted.

The Veteran's appeals for increased ratings and separate disability ratings were dismissed as he withdrew them during his October 2016 Board hearing. The Board granted a TDIU based on the Veteran's service-connected disabilities.

The Board has determined that the appellant's current lumbar spine, left hip bursitis, and bilateral knee disorders are related to his active service. The VA examiner found no evidence of a nexus between these conditions and his service.