Back / lumbar spine Board decisions

The Board has remanded the case due to a request for a hearing before a Veterans Law Judge sitting at the RO. The Veteran's claims for service connection for chronic prostatitis and low back strain are still pending.

The Veteran's appeal includes claims for increased ratings for his service-connected lumbar spine disability and left lower extremity radiculopathy, as well as a TDIU claim. The case is being remanded to obtain updated medical evidence and to refer the issues of extraschedular evaluations and TDIU consideration.

The Board has decided to remand the Veteran's claim for service connection of a back disorder due to insufficient evidence and need for further examination. The case will be returned to the AOJ for additional development.

The Veteran's service-connected disabilities cause the need for aid and attendance, which has been granted.

The Veteran's appeal is being remanded for additional development, including VA examinations to evaluate his service-connected lumbar spine disability and GERD. The TDIU claim will be held in abeyance pending disposition of the increased rating claims.

The Veteran's appeal is being remanded due to the need for a hearing at the RO via videoconference. The issues of reopening his claim and establishing service connection for low back/spinal disorder, lumbar radiculopathy, and bilateral knee disorders are pending.

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

The Veteran's low back strain with compression fracture and degenerative disc disease of the lumbar spine is rated at 40 percent, right lower extremity radiculopathy at 40 percent, and left lower extremity radiculopathy at 40 percent. The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities.

The Board has determined that the Veteran's right knee and lumbar spine disabilities are not related to service, including any in-service injuries. The claims for service connection have been denied.

The Board found that the Veteran's low back disorder, bilateral hip disorder, and left knee disorder are not service-connected as they are related to his congenital condition (multiple epiphyseal dysplasia), which is not considered an injury for VA compensation purposes. The right knee disability did not aggravate these conditions.

The Board has determined that the Veteran's service-connected disabilities, specifically his low back disability and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow any form of substantially gainful employment prior to June 20, 2008. As a result, the effective date for TDIU is granted.

The Board has remanded the case for further development due to newly received medical records. The Veteran's claim of service connection for a low back disorder will be reconsidered after this additional evidence is reviewed.

The Veteran's claim for a higher rating for lumbar disc disease with disc bulging is granted until May 23, 2016. After that date, the disability picture does not warrant a rating greater than 10 percent. The Board also denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's low back disability is related to his active service, and therefore grants service connection for this condition. However, there is insufficient evidence linking the circulatory system disorder to service.

The Veteran's service-connected lumbar spine disability and right foot disability do not render her unable to secure or maintain substantially gainful employment, as the evidence does not show that these conditions alone preclude her from engaging in sedentary work.

The Veteran's appeal has been withdrawn prior to a decision being made by the Board.

The Board found that the Veteran's low back disability and sciatica are not related to active service or any incident of service, including as due to a service-connected disability. The right sacroiliac joint dysfunction is currently rated at 10%.

The Board has remanded the case due to an inadequate VA examination and a need for a new medical opinion considering the Veteran's lay statements of back pain during service.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and determined that new and material evidence has been received. The Veteran's bilateral hearing loss is found to be related to his in-service noise exposure, meeting VA's definition of a hearing loss disability under 38 C.F.R. § 3.385. Service connection for PTSD with depressive disorder, NOS, lumbar spine disability, cervical spine disability, and neurological disabilities of the left upper extremity and both lower extremities is granted.

The Board has determined that additional development is necessary before the appeal can be decided, including obtaining private medical records and scheduling a VA examination.