Back / lumbar spine Board decisions

The Veteran's claims for service connection are being remanded due to the need for additional examinations and records.

The Board denied the Veteran's claim that VA improperly withheld his disability compensation benefits to recoup special separation benefits he received at service separation. The decision stated that the law required such recoupment and that the Veteran had no legal basis for challenging it.

The Veteran's low back and neck disabilities are currently diagnosed, but the Board finds that further development is needed to determine their etiology. The gynecological disorder claim requires a VA examination to assess its relationship to service. The heart disability and lung disability claims also require additional medical opinions.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the current severity of his lumbar spine and right foot disabilities.

The Board has determined that the Veteran's cervical spine, lumbar spine, and right hip disabilities may be related to service based on her reports of symptoms during service and subsequent to service. As such, a new VA examination is required to determine if these conditions are at least as likely as not caused by or incurred in service.

The Veteran died in August 2013 due to prostate cancer with metastases. The Board found no pending claim at the time of death and denied accrued benefits.

The Board found that the Veteran's current low back disability is not related to his service and denied his claim for service connection.

The Board has remanded the case for additional development, including a VA medical opinion regarding the Veteran's service-connected disabilities and their permanence.

The Veteran's service-connected low back disorder, cervical spine disorder with degenerative changes, and right knee injury have rendered him unable to secure or follow a substantially gainful occupation since June 30, 2010. The effective date for the TDIU is set at September 17, 2012.

The Veteran's appeal has been dismissed as he requested to withdraw his appeal prior to the Board making a decision.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back condition. After reviewing all available evidence, including the Veteran's in-service assault and current medical findings, the Board finds that while the Veteran was assaulted during service, there is no competent persuasive indication that his current low back arthritis had its onset during or immediately after service.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on a schedular basis from May 2, 2007, to October 2, 2009. The Board found that her unemployment was due to nonservice-connected factors and she was in school during this period.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's lower back disability, including considering his service-connected parachute jumps. The claim will be remanded for this purpose.

The Veteran's left knee disorder is rated at 20 percent prior to February 4, 2015 and at 30 percent as of that date. The Veteran's lumbar spine disorder is rated at 10 percent. The Board granted the TDIU claim.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and spondylosis, stenosis, and degenerative disc disease, is related to service. As a result, the claim for service connection is granted.

The Board has determined that the Veteran's lumbosacral spine disorder did not have its onset in active service or within one year thereafter, and it is not related to such service. The claim for a gynecological disorder (right ovarian cyst) will be remanded due to incomplete records.

The Veteran's service-connected disabilities do not individually or collectively preclude him from securing and maintaining substantially gainful employment, particularly of a sedentary nature.

The Board has remanded the Veteran's claims due to incomplete development and a need for additional evidence. The TDIU claim is dependent on the outcome of the low back disability claim.

The Board found that the Veteran does not have a current diagnosis of asbestosis or any other disability associated with asbestos exposure, and denied service connection for both conditions. The Board also found no evidence linking the Veteran's thoracolumbar spine disability to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling VA examinations to assess the severity of his lumbosacral strain with IVDS and right lower extremity peripheral neuropathy.