Back / lumbar spine Board decisions

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining updated VA treatment records and examining him for his claimed conditions.

The Board has granted service connection for a lumbar spine disability, a cervical spine disability, and radiculopathy of the bilateral upper extremities. The claims are based on direct service connection due to in-service injury.

The Veteran's claim for an increased initial rating for a back disorder is being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for service connection for a right hip disability has been denied as there is no evidence of the claimed condition during the pendency of his claim.

The Veteran's claim for increased special monthly compensation (SMC) under 38 U.S.C.A. � 1114(r)(1) and/or � 1114(r)(2) is being remanded due to the need for additional development, including obtaining private medical records from University Hospital and VA Eastern Colorado Health Care System, as well as arranging for a new VA examination.

The Veteran's appeal is being remanded for additional development, including consideration of recent VA treatment records and potential referral to the Director of Compensation for an extraschedular rating.

The Board has granted effective dates of January 24, 2010 for the awards of service connection for myositis of the cervical spine, myositis of the lumbar spine, and a right knee strain. The claim for an earlier effective date for right hip bursitis is denied.

The Board denied the Veteran's claims for service connection for heart disability and increased ratings for his lower back disability, left leg varicose veins, and right and left leg sciatica. The Board found that there was no evidence of a direct relationship between the Veteran's current disabilities and his military service or any service-connected conditions.

The Board has denied the Veteran's claim for an earlier effective date of May 3, 2007 for the award of service connection for lumbar degenerative disc disease. The effective date is based on the date the Veteran submitted a new claim to reopen his previously denied low back disability claim.

The Veteran's service-connected depressive disorder with anxiety disorder and lumbar spondylosis and degenerative disc disease rendered him in need of regular aid and attendance, warranting SMC based on the need for regular aid and attendance.

The Board denied service connection for a low back disability in January 2003, finding no link between the condition and active duty service. The Veteran's motion argued that the decision was incorrect due to missing evidence from May 2000.

The Veteran's low back disability has been rated at 10 percent since November 9, 2007. The Board finds that a rating in excess of 10 percent is not warranted for this period under the general rating formula.

The Board denied service connection for back and cervical spine disabilities, finding that the Veteran's current conditions did not have their clinical onset in service or are otherwise related to his period of honorable active service.

The Board has denied the Veteran's claims for effective dates prior to specified dates for various service connection determinations. The appeals are dismissed.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the etiology of any current bilateral knee and low back disabilities. The claims will be readjudicated after completion of these actions.

The Board has ordered additional development due to deficiencies in the original decision, including a failure to discuss VA's heightened duty to assist and provide adequate reasons and bases for the denial of service connection. The Veteran is advised of his right to submit alternative evidence such as buddy statements from fellow servicemembers regarding an in-service back injury.

The Veteran's low back condition and right lower extremity radiculopathy have been rated based on their current manifestations, with the highest rating of 40 percent for radiculopathy of the right lower extremity as of September 11, 2012.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence in order to properly adjudicate the Veteran's claim for service connection for a low back disability.

The Veteran's lumbar spine disorder and undiagnosed diarrhea are service connected due to their onset during service in the Gulf War Theater of Operations.

The Veteran's low back disorder is currently rated at 40 percent, which meets the criteria for a disability rating in excess of 40 percent. The Veteran's left and right lower extremity radiculopathy are each rated at 20 percent.