Back / lumbar spine Board decisions

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of any current low back disability and skin disabilities.

The Veteran's service-connected disabilities, including his right and left knee replacements and limited range of motion in the left ankle, have rendered him unable to secure or follow substantially gainful employment. His acquired psychiatric disability is also service connected as secondary to his orthopedic conditions.

The Board has determined that the Veteran's low back disorder was not incurred in or related to his military service, and therefore denied his claim for service connection.

The Board has decided to remand the case for further development, including obtaining VA treatment records and Social Security Administration (SSA) records.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and providing a VA examination to determine if his cervical spine and left upper extremity conditions are related to service-connected lumbar spine disability.

The Board has remanded the case due to insufficient reasons and bases for the denial, and new evidence relevant to the Veteran's TDIU claim has been associated with the claims file. A new VA examination is required to assess the impact of his service-connected disabilities on his employability.

The Veteran's lumbar strain has been found to be limited in range of motion, but not severe enough for a higher rating. The current evaluation of 20% is maintained.

The Veteran's lumbar strain has been rated at 10 percent since June 8, 2010. The Board found that the current rating adequately reflects the severity of his disability.

The Veteran's low back disability is manifested by the functional equivalent of forward flexion limited to 30 degrees with pain, warranting a 40 percent evaluation. The Board finds substantial compliance with the requirements articulated in prior remand decisions and grants an increased rating.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran has a current thoracolumbar spine disability and whether it is related to service or her service-connected cervical strain.

The Veteran's service-connected lumbosacral strain and tinea corporis did not meet the schedular criteria for a TDIU prior to September 7, 2010.

The Board has remanded the case for further development, including obtaining VA medical records and a fully adequate VA examination to assess the severity of the Veteran's service-connected lumbosacral strain with radicular pain in both lower extremities.

The Veteran's service-connected disabilities, including degenerative disc disease and degenerative joint disease of the lumbar spine, voiding dysfunction, constipation, and left lower extremity radiculopathy, have resulted in a combined evaluation of at least 70 percent since January 21, 2010. The Board has granted TDIU effective from that date.

The Board found that the Veteran's cervical spine disability did not manifest during or as a result of active military service, and denied his claim for service connection. For his lumbar spine degenerative disease, the Board determined that the evidence supported a rating in excess of 20 percent.

The Board has determined that the Veteran's current low back disability is caused by his service-connected left ankle strain, and thus grants entitlement to service connection for this condition.

The Veteran is entitled to a TDIU rating based on his service-connected disabilities, with the exception of specific periods where the schedular criteria were met.

The Board has remanded the case for further development, including providing a new VA examination to assess the severity of the bilateral lower extremity radiculopathy and readjudicating both issues upon completion of the requested development. The issue of TDIU is inextricably intertwined with the disability rating of the bilateral lower extremity radiculopathy.

The Veteran's appeal was denied for service connection of low back disability, left lower extremity numbness, right lower extremity numbness, and left upper extremity numbness. The initial evaluation for fracture of the right little finger was granted with a 10% rating. Service connection for TBI prior to October 23, 2008, and PTSD since that date were both granted with increased ratings. Finding of total disability based on individual unemployability (TDIU) was granted prior to December 20, 2010. Special monthly compensation based on statutory housebound status (SMC/HB) was granted.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted for any period of time during the appeal. The Veteran has been granted TDIU effective from April 6, 2010.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling a VA examination. The appeal will be returned to the Board after these actions are completed.