Back / lumbar spine Board decisions

The Veteran's service-connected lumbosacral strain due to degenerative disc disease with bilateral radiculopathy required emergency treatment at a non-VA hospital on December 20, 2013. The Board found that the care was for an emergent condition and VA facilities were not feasibly available.

The Veteran is rendered unable to maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2012 to June 28, 2018.

The Board has ordered a new VA examination to address the Veteran's lay statements regarding in-service injuries and their potential impact on his current low back condition.

The Veteran's claims for increased ratings for left and right patellofemoral pain syndrome, as well as degenerative disc disease of the lumbar spine, are being remanded due to the need for additional development including an addendum opinion addressing functional impacts during flare-ups.

The Veteran's lumbosacral strain is rated at 50 percent effective June 14, 2012. The Board also granted TDIU effective June 14, 2012.

The Board has granted service connection for right knee arthritis, lumbar degenerative arthritis, and unspecified depressive disorder. The lumbar disability is also secondary to the right knee disability.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board has granted service connection for COPD and a lumbar disability, finding that the Veteran's conditions are at least as likely as not incurred during his military service.

The Board has remanded the cases for additional development due to outstanding SSA records and to ensure compliance with all notice and assistance requirements.

The Veteran's claims for service connection have been reopened, but the Board is remanding them due to the need for additional examinations and opinions.

The Board has withdrawn the appeal for service connection of an upper back disability and has remanded the issue of service connection for a low back disability. The Veteran's lower back disability is to be evaluated through a new VA examination.

The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding functional loss during flare-ups prior to July 10, 2017.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and VA treatment records.

The Veteran's TDIU claim is remanded due to the inextricability of the issues. The lumbar radiculopathy rating decision will be reconsidered, and a new decision on TDIU will be issued after that.

The Board has decided to remand two issues: entitlement to a temporary total evaluation based on convalescence following treatment for service-connected lower back condition and entitlement to a TDIU due to service-connected conditions. The AOJ is required to obtain private medical records, conduct additional examinations, and refer the matter to the Director of Compensation and Pension Service for consideration as to whether a TDIU is warranted on an extra-schedular basis.

The Board has remanded the claims for further development due to inadequate prior VA examinations and failure to provide adequate reasons or bases in the decision.

The Veteran's appeal for an increased rating for his service-connected degenerative changes, lumbar spine at L4-L5, was denied as the evidence did not show that he met the criteria for a higher rating under DC 5242.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar strain and entitlement to TDIU due to inadequate VA spine examination reports. The Veteran is required to provide updated private healthcare provider records, and a new VA spine examination must be conducted.