Back / lumbar spine Board decisions

The Board has restored a 40 percent disability rating for the Veteran's back disability, finding that the evidence does not support reducing it to 20 percent.

The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors. The issues of low back disability, migraine headaches, left knee disability, and right knee disability are all being reviewed again.

The Veteran's service-connected spine and incomplete paraplegia of the bilateral lower extremities result in actual loss of use of the lower extremities, meeting the criteria for financial assistance in purchasing an automobile or other conveyance.

The Board has withdrawn several issues from the Veteran's appeal, including those related to PTSD, IBS, lumbar degenerative disc disease and lumbar facet hypertrophy, obstructive sleep apnea, left ankle fracture with residual loose body, tendonitis and left foot talar osteochondral defect, right ankle osteochondral defect status post-surgical repair with history of strain. The Board has also remanded the Veteran's TDIU claim and his claims for service connection for blood clots of the left knee.

The Veteran's appeal for a compensable rating for chronic nose bleeds has been withdrawn. The claim of service connection for low back disability is reopened and granted. Issues regarding left knee and left ankle disabilities are remanded, as well as the TDIU issue.

The Veteran's appeal for service connection for a low back disorder has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the claim as he passed away during the pendency of the appeal.

The Board has granted the Appellant's claim of service connection for cause of death, finding that her husband's service-connected back condition contributed to his death. The Veteran passed away due to a subdural hemorrhage resulting from a fall caused by his chronic disability.

The Board has decided to remand the Veteran's claims for low back disability and hypertension due to incomplete service treatment records, inadequate VA examination reports, and lack of continuity of symptoms documentation. The RO is tasked with obtaining missing records from her second period of active duty service, locating in-service chiropractic care records, scheduling a new VA examination, and considering the credibility of her lay statements regarding low back pain.

The Veteran's claims for increased ratings in excess of the current disability ratings for his right wrist, back, sleep apnea, and right shoulder disabilities are being remanded due to inadequate VA examinations conducted several years ago. Additional development is needed to assess the current severity levels of these conditions.

The Board has remanded the claims for service connection for a back disorder and cervical spine disorder due to secondary service connection with his bilateral knee disability. The Veteran's left shoulder disorder is also inextricably intertwined with these issues.

The Board has remanded the case due to inadequate examination and lack of compliance with prior remand directives. The Veteran's claim for service connection for degenerative disease of the lumbar spine is being returned for further development.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's PTSD was rated at 50% from November 12, 2014 to August 25, 2016. The Board found that the evidence did not meet the criteria for a higher rating and denied an increased rating. For the lumbar spine disorder, service connection is remanded as VA has not provided a medical opinion on its etiology. TDIU is also remanded due to inextricably intertwined issues.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent from November 22, 2013. The appeal is remanded for further evaluation on the issues of increased ratings for various conditions.

The Veteran's service-connected disabilities have precluded him from securing or maintaining substantially gainful employment since July 29, 2015.

The Board has decided to remand the cases for further development and examination due to incomplete service records and lack of VA examinations.

The Board has granted service connection for the Veteran's lumbar spine disability and bilateral shoulder disability, finding that these conditions are related to his active duty service.

The Veteran's service-connected disabilities render him so helpless as to be in need of the regular aid and attendance of another person, resulting in a grant of SMC based on this need. However, higher levels of SMC are available under the law, which requires remand for further adjudication.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the appellant's withdrawal of these claims.

The Board has remanded the claims of service connection for PTSD and lumbar spine degenerative disc disease, as well as the claim for TDIU due to service-connected disabilities. The Veteran's attorney requested extensions for submitting evidence and argument.