Back / lumbar spine Board decisions

The Board denied increased ratings for the Veteran's low back disability and left lower extremity radiculopathy.

The Board found that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of chronic symptoms or diagnoses for decades after separation from service. The claim was denied on a direct basis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA psychiatric examination. The claims of service connection, higher initial ratings for the psychiatric disability, and TDIU are inextricably intertwined and must be readjudicated together.

The Veteran's back disability claim is being remanded for additional development. The peptic ulcer disability claim, which is secondary to the back disability, will be deferred until the back disability claim is resolved.

The Board denied the Veteran's claim for an earlier effective date for SMC based on Housebound criteria, but found that he was entitled to SMC at the housebound rate from February 25, 2004, to March 31, 2004, and March 21, 2007, to April 30, 2007.

The Board has determined that the Veteran's acquired psychiatric disorder, including other specified trauma/stressor-related disorder, is related to his military service and grants service connection for this condition. The low back disability claim remains pending as additional development is required.

The Board has determined that the Veteran does not meet the criteria for service connection for a low back disability, right forearm disability, or brain disability. The preponderance of evidence is against these claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The Veteran's death pension benefits were denied because the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents.

The Board has granted the Veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities, but denied his claim for TDIU. The Veteran's service-connected conditions have resulted in significant impairment of his ability to work.

The Veteran's lumbar spondylosis with spinal stenosis is rated at 20 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent. The Board finds that these ratings adequately reflect the severity of his disability.

The Veteran's service-connected chronic low back strain with degenerative joint and disc disease has been evaluated at 20 percent since July 15, 2005. The current evaluation is appropriate as the evidence does not show forward flexion of the thoracolumbar spine limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks during a 12-month period.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to determine the nature and extent of his service-connected spine and right and left knee disabilities.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection for low back disability and bilateral knee disability. The Veteran will be provided with VA examinations to determine the nature and etiology of his current disabilities, as well as any pertinent private treatment records.

The Veteran's service connection claims for refractive error, coronary artery disease, lumbar spine disorder, and chronic obstructive pulmonary disease have been denied. The claim for increased rating of PTSD has also been denied.

The Veteran's appeal involves multiple service connection claims for various conditions, including respiratory disorders, dysphagia, low back disorders, leg and foot disorders, psychiatric disorders, Dupuytren's contracture of the hands, substance abuse disorder, liver disorder, sleep disorders, and headaches. The appeals are currently remanded due to incomplete records and need for additional medical opinions.

The Board has remanded the case for further development, including obtaining an opinion on whether any disability is related to active duty or secondary to a service-connected condition. The Veteran's bilateral hearing loss and tinnitus claims are also being addressed.

The appeal has been dismissed as the Veteran's representative withdrew it prior to a decision being made.

The Board denied the Veteran's claims of entitlement to increased ratings for his low back disability, right leg L5 radiculopathy, and service-connected right ear hearing loss. The claim for tinnitus was also denied.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to inconsistencies in the examination findings and continued complaints of pain. A new VA examination is needed to determine the current severity of the disability.