Back / lumbar spine Board decisions

The Board has decided to remand the case for additional development, including obtaining medical records and providing an addendum examination.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy are rated at 20 percent disabling as of August 15, 2014. The Board finds that the Veteran's lumbar spine disability most closely approximates the criteria for a 40 percent rating but no higher.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including a new VA examination to determine the nature and etiology of the Veteran's claimed cervical spine, lumbar spine, and left leg disabilities.

The Veteran's appeal is being remanded for additional development, including new examinations to assess the severity of his PTSD and the nature and etiology of his claimed back, right knee, and left shoulder disabilities.

The Board has determined that the Veteran's back disability is service-connected, as it was incurred during his active duty service.

The Veteran's claim for an annual clothing allowance due to the use of a back brace in 2014 is denied as the brace does not qualify under VA regulations.

The Veteran's appeal for service connection for PTSD has been withdrawn. The Board is unable to proceed with the remaining claims due to the inextricably intertwined nature of the issues.

The Veteran's claim for TDIU is being remanded due to new evidence, including a VA examination and treatment records. The AOJ will consider this evidence in their next review of the case.

The Board has determined that the Veteran's preexisting lumbar scoliosis was aggravated by service, warranting service connection for degenerative disc disease of the lumbar spine.

The Veteran's appeal is being remanded for additional examinations and development of her claims, including a TDIU claim. The AOJ will also obtain any outstanding records and provide the Veteran with current VA examinations to assess her lumbar spine and left knee disabilities.

The Board denied the Veteran's claims for earlier effective dates for his service-connected back disability and tinnitus, finding that the RO relied on STRs associated with the file after initial denials to grant service connection. The Board also found no evidence of tinnitus prior to June 19, 2014.

The Veteran's claim for an annual clothing allowance in 2014 is being remanded due to the need for additional development, including obtaining updated VA and private records, as well as arranging a medical examination.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Board has determined that there is not sufficient evidence to establish a connection between the Veteran's current lumbosacral spine disability and his military service, including an in-service injury or event. The claim for service connection is therefore denied.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. The pinched nerve disability claim has been remanded for further examination.

The Veteran's claims for increased ratings and TDIU were granted, with the initial rating of 40 percent assigned for residuals of a compression fracture of the T-12 with osteoarthritis as of January 13, 2017. The radiculopathy claim was also granted.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Veteran's initial claim for a higher rating for his thoracolumbar spine disability was denied by the Board in May 2017, and he appealed to the Court of Appeals for Veterans Claims (CAVC). The CAVC remanded the case back to the Board for further development.,In June 2017, a VA examination showed that the Veteran's thoracolumbar spine disability had worsened such that it warranted an increased rating. However, the Board denied the claim as of June 27, 2017.

The Veteran's TDIU claim is granted with an effective date of April 29, 2010. The increase in severity occurred more than one year prior to his April 29, 2010 claim.

The Board has determined that the Veteran's low back and neck disabilities are not service-connected as they were not incurred or aggravated during his military service.