Back / lumbar spine Board decisions

The Veteran's initial claim for a higher rating for his service-connected back disability was denied. The Board has determined that the current evidence does not support an initial rating in excess of 20 percent, but has found that a remand is necessary to obtain additional medical examination and opinion regarding the severity of the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development, including a lack of an opinion from a foot specialist. The AOJ is instructed to obtain a VA examination by a podiatrist or appropriate specialist to assess the current nature and severity of his residuals of a fractured left great toe.

The Veteran's claims for service connection for degenerative disc disease (DDD) status post laminectomy and an acquired psychiatric disability (depression), to include as secondary to a back disability, were denied. The Board found that new and material evidence had not been received since the April 2008 denial of entitlement to service connection for a low back disability.

The Veteran's appeal is remanded due to the need for additional records and readjudication of previous appeals. The Veteran was previously awarded clothing allowances in 2012 and 2013, but the North Texas HCS should obtain these records and combine them with the current 2015 appeal.

The Board has remanded the case due to lack of substantial compliance with its February 2017 Remand, which included obtaining a retrospective medical opinion regarding the Veteran's lumbar spine disability prior to December 13, 2013.

The Veteran's left lower extremity radiculopathy is granted a 40 percent rating effective January 24, 2012. The appeal for an earlier effective date was denied.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's neurocognitive disorder is granted as service-connected, and he receives a separate 20% rating for radiculopathy of the right lower extremity. Other claims are denied.

The Veteran's lumbar spine disorder is granted service connection. The right elbow and right foot disorders are remanded for further evaluation.

The Veteran's service-connected disabilities, including coronary artery disease, major depression, low back disability, cervical spine disability, and diabetes mellitus, rendered him unable to obtain or retain substantially gainful employment from March 24, 2010 to November 19, 2013. The Board granted a TDIU during this period.

The Board has remanded the claims of entitlement to increased ratings for bilateral foot, back, and right knee disabilities, as well as service connection for left knee and neck disorders due to a lack of VA treatment records after January 2006. The RO is instructed to obtain these records or provide a formal finding of unavailability.

The Board denied the Veteran's claims of service connection for chronic thoracolumbar strain, thoracogenic scoliosis and osteoarthritis of the lumbar spine with degenerative disc disease (claimed as lumbar back pain) and a skin condition. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Veteran's claim for service connection for lumbar paraspinal spasm due to contusion with diffuse degenerative disc disease has been reopened and granted. The claims for left hip disorder secondary to a lumbar spine disorder and psychiatric disorder are remanded.

The Veteran's appeal is remanded for further development regarding his back condition and TDIU claim. His initial increased rating in excess of 30 percent for migraines/cluster headaches, service connection for a right knee condition, service connection for a right foot condition, service connection for a left foot condition, and entitlement to service connection for a back condition are denied.

The Board has decided to remand the cases for further development and consideration due to new evidence received after the February 2016 Statement of the Case.

The Board has remanded the claims for service connection for various conditions, including a heart disorder, neck disorder, low back disorder, left hip disorder, left knee disorder, right broken foot, right foot cellulitis, TBI, and migraine headaches. The Veteran's military records indicate he was stationed at Camp LeJeune in 1982, which may be relevant to his heart disorder claim.

The Veteran withdrew his appeal on the issues of lumbar radiculopathy, renal disease, and neuritis.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to potential pre-existing conditions, with a focus on whether these disabilities were aggravated by military service or are otherwise directly related to service.

The Veteran's claim for restoration of a 50% rating for migraine headaches from August 23, 2013 is granted. The claim for reopening of service connection for sleep apnea secondary to service-connected TBI with mood disorder, migraine headaches, or medications taken for service-connected conditions is also granted. The Veteran's low back condition claim is remanded.