Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants TDIU.

The Board has determined that the Veteran's lumbar strain disability does not warrant a rating in excess of 40 percent, and there is no separate rating for bilateral lower extremity radiculopathy associated with service-connected lumbar strain.

The Board has decided to remand the Veteran's claim for a thoracolumbar spine disability, as it requires additional development and examination.

The Board denied the Veteran's claims for an increased rating for his lumbar spine disorder and TDIU, finding that the evidence did not support a higher rating based on functional impairment due to pain or other symptoms. The Veteran’s disability was rated at 10 percent since August 2003.

The Veteran's appeal is being remanded due to the need for additional development and examination, including a new VA PTSD examination and a VA examination of his back condition, migraine headaches, and vertigo.

The Board has granted the Veteran's request to reopen his claim for service connection for lumbosacral DDD status post spinal fusion with spondylosis, previously claimed as back injury. The new evidence submitted by the Veteran is sufficient to reopen the claim.

The Board has remanded the case due to incomplete records and need for a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of any acquired psychiatric disorder and a back disability.

The Board has determined that the Veteran's back disability is related to his period of ACDUTRA and service connection for this condition is granted.

The Board has determined that the Veteran's cervical and thoracolumbar spine disorders are not related to military service, and therefore denied his claims for service connection.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar and cervical spine disabilities, which may be associated with his active service. The case will be remanded for a VA examination.

The Board has decided to remand the Veteran's claim for a lumbar spine disability due to potential missing VA and private treatment records, as well as an inadequate medical opinion. The case will be returned to the AOJ for further development.

The Veteran's claim for service connection for a lumbar spine disability with degenerative disc disease and degenerative joint disease is being remanded due to the need for clarification of the medical opinion provided in February 2016.

The Board has determined that the Veteran's lumbar spine degenerative disc disorder and lumbosacral radiculopathy are etiologically related to active service, while his left hip disability is not shown during the course of the appeal.

The Veteran's thoracolumbar strain was found to not warrant a rating in excess of 10 percent prior to July 15, 2016 and in excess of 40 percent from that date. The Board denied the claim for higher ratings.

The Board has ordered a remand to obtain an addendum opinion regarding the relationship between the Veteran's service-connected knee and hip disabilities and his lumbar spine DJD, including as secondary.

The Board granted a 20 percent initial disability rating for the low back disability from November 19, 2015. The appeal remains before the Board as the maximum available rating has not been assigned.

The Board has denied the Veteran's claims of service connection for back disability, right shoulder disability, left shoulder disability, hypertension, and acquired psychiatric disorder. The VA examiner found that these conditions are less likely than not incurred in service.

For the period from August 13, 2015 to January 17, 2017, the Veteran's DDD of the lumbar spine did not warrant an increased rating higher than 20 percent.,From January 18, 2017 onwards, the Veteran's radiculopathy warranted a 40% rating for his right lower extremity and a 20% rating for his left lower extremity.

The Board has remanded the claims for additional development due to inadequate opinions in a June 2017 VA examination. The Veteran's statements and testimony regarding his service-connected asthma are also to be considered.