Back / lumbar spine Board decisions

The Board denied the Veteran's attempt to reopen his previously denied claim for compensation under 38 U.S.C. § 1151 for a back condition due to spinal anesthesia during hernia surgery in August 1977, finding that new and material evidence had not been received.

The Veteran's service-connected disabilities, including low back strain and migraine headaches, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted his application for total disability rating based upon individual unemployability (TDIU).

The Veteran's service-connected disabilities are being remanded for further evaluation as the last VA examinations were conducted in October 2014, which is considered too old to accurately assess his current condition.

The Veteran's service-connected disabilities, including depressive disorder, lumbar spine degenerative disc and joint disease, pes planus, and onychomycosis, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the claim for Total Disability Rating due to Individual Unemployability (TDIU).

The Board has remanded the case due to a lack of compliance with its February 2016 remand instructions regarding an addendum opinion from the Director of Compensation Service.

The Veteran's claim for service connection for tinnitus is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's claim for service connection for headaches is denied as there is no evidence of a current diagnosis or in-service incurrence.

The Board has denied service connection for right hip, left knee, and low back disabilities due to the absence of proof of current disability. The claim for a right foot disability is also remanded as an addendum opinion is needed.

The Board has remanded the cases for additional development due to outstanding VA treatment records and incomplete examination reports.

The Board has remanded the Veteran's claims of service connection for right hip strain and thoracolumbar spine degenerative joint disease with strain, both secondary to a left knee disability. Additionally, the claim for an increased rating greater than 10 percent for a right knee disability is also being remanded.

The Veteran's lumbar spine disability was rated at 10 percent prior to January 25, 2014 and at 40 percent thereafter. The Board denied a higher rating for the condition.

The Board denied an increased rating for the service-connected lumbar spine disability, finding that it did not meet the criteria for a higher rating than the current 20 percent assigned.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not manifest in service and is otherwise unrelated to service. The Board also found no evidence of chronicity or continuity of symptomatology since separation from service.

The Board has determined that the Veteran's NODs were timely and have identified several issues for remand, including service connection claims and reopening of previously denied claims.

The Board has remanded the claims for service connection and TDIU due to inadequate examination evidence, specifically regarding a lumbosacral spine disability. The Veteran contends that his current condition is related to service-connected right and left knee disabilities.

The Board has granted service connection for fibromyalgia and remanded the remaining issues due to insufficient evidence.

The Veteran's claim for service connection for DDD of the cervical spine and tinnitus was denied. The February 1993 rating decision regarding right knee disorder is considered final, and a CUE claim for that decision is also denied. Service connection for chronic orthopedic manifestations of lumbar spine DDD was denied with respect to the period from June 30, 2014 to April 19, 2015, and since April 19, 2015.

The Veteran's chronic lumbar spine strain has been rated at 10 percent since May 2007 and increased to 40 percent effective from November 16, 2015. The increase is due to flare-ups that have limited forward flexion of the thoracolumbar spine to less than 30 degrees but not resulting in ankylosis.

The Board has decided to remand the Veteran's claims for service connection for back, neck, left hip, and right hip disabilities due to a lack of VA examination.

The Board has remanded the case due to an inadequate examination in June 2016, which did not consider the Veteran's service history and medical complaints. The case is now being reviewed with a new VA examination.

The Board has remanded the issues of service connection for cervical spine degenerative disc disease and increased ratings for left knee conditions due to new evidence. The total rating case is also remanded.