Back / lumbar spine Board decisions

The Board has remanded the case for scheduling a videoconference hearing and further development is required.

The Board has remanded the case due to a request for a hearing and other development needs.

The Board found that the Veteran's back disability, including degenerative changes and rotary scoliosis of the mid and lower thoracic spine, was not incurred or aggravated during his military service. The evidence did not establish a nexus between the current condition and his active duty.

The Veteran's service-connected low back strain and left knee disability prevented him from securing and maintaining substantially gainful employment prior to December 13, 2004.

The Veteran's degenerative disc disease of the lumbar spine resulted in unfavorable ankylosis, warranting a 40% disability rating since November 12, 2014.

The Veteran's current right shoulder and low back disabilities are service-connected as they stem from his duties as a fighter pilot during service.

The Veteran's DDD and herniated nucleus pulposus, status post microdiscectomy and lumbar laminectomy are currently rated at 40 percent. The Board found that the evidence did not meet the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy is currently rated at 0 percent. The Board found that there was no evidence of incomplete paralysis warranting a compensable evaluation.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent prior to August 18, 2016, and in excess of 20 percent thereafter. The Board found that the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected lumbar spine and bilateral hearing loss disabilities have prevented him from securing or following a substantially gainful occupation since June 8, 2011.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since September 21, 2009.

The Board has remanded the case due to an inadequate opinion in a previous VA examination regarding whether the Veteran's low back disability is aggravated by his service-connected left knee disability.

The Board has remanded the Veteran's claims for increased ratings for depression, right knee disability, and lumbar spine DJD due to further development being necessary.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service, nor may arthritis be presumed to have been so incurred or aggravated. The criteria for entitlement to a TDIU are not met and the criteria for an extraschedular evaluation for the Veteran's service-connected left shoulder disability have not been met.

The Veteran's arthritis of the lumbar spine, right hand, and bilateral feet manifested to a degree of 10 percent or more within a year after separation from active service. The Veteran does not have hypertension which had its onset in service or within one year of his discharge from active service, or which is otherwise related to a period of active service.

From June 30, 2014 to October 20, 2016, the Veteran's low back disability was rated at 20 percent.,Effective October 20, 2016, the Veteran is entitled to a rating of 40 percent for his intervertebral disc syndrome of the lumbar spine.

The Board found that the Veteran is not competent to handle disbursement of his VA funds, and thus denied the claim.

The Board denied the Veteran's claims for a disability rating in excess of 10 percent prior to January 22, 2015, for his right ankle disability and entitlement to TDIU.

The Board has remanded the case due to questions regarding whether the Veteran's low back disability preexisted service and was aggravated by service, or if it is related to his active duty service.

The Board has determined that new and material evidence has not been received to reopen the claim for compensation under 38 U.S.C.A. § 1151 for a back disability, but has found that service connection for depression is not warranted as it is not secondary to the Veteran's back disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits records. The Veteran should also be afforded a VA examination to assess the severity of his lumbar spine disability.

The Veteran seeks service connection for a back disability. The Board has decided to remand the case due to the need for additional development, including obtaining VA treatment records and scheduling an appropriate VA examination.