Back / lumbar spine Board decisions

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities, finding no evidence of a nexus to service or a service-connected disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to March 5, 2012. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's combined disability rating is 90 percent, with service-connected disabilities that do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his occupational experience and educational background.

The case is being remanded to schedule the Veteran for a Travel Board hearing. The appeal will be processed further in accordance with established appellate practices.

The Veteran's appeal is being remanded to allow for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was granted, with a 20 percent rating effective March 7, 2012.,A separate 10 percent rating was assigned for right and left lower extremity radiculopathy from March 7, 2012.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 70 percent for PTSD with alcohol dependence and entitlement to a disability rating in excess of 40 percent for degenerative joint disease of the lumbosacral spine, L5-S1.

The Board found that the Veteran's lumbar strain does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case due to the need to obtain post-service treatment records and military retiree records.

The Veteran's PTSD is found to be related to a stressor in service, and the Board grants service connection for PTSD. The back disability and left index finger disability are not found to be directly related to service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a low back disorder. The case will be remanded for obtaining in-patient treatment records, SSA documents, and private disability employment records.

The Veteran's appeal is being remanded to obtain additional VA treatment records, conduct new examinations for his service-connected disabilities, and determine the etiology of any diabetes mellitus. The TDIU claim will be referred to the Director of Compensation and Pension for consideration.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an increased rating for his service-connected thoracolumbar herniated disc and sprain with intervertebral disc syndrome remains before the Board. The RO granted a higher, 20 percent rating in March 2013 but did not grant the full benefit sought. The Veteran testified that his disability had worsened since his last VA examination, and he should be afforded a new VA examination to assess the current severity of his disability.

The Board has determined that a remand is necessary to obtain an addendum opinion regarding the etiology of the Veteran's lumbar spine disability, including consideration of service treatment records and additional evidence submitted by the Veteran. The examiner should also assess whether the Veteran's bilateral knee disabilities permanently aggravated his lumbar spine condition.

The Board has determined that further development is needed to obtain additional medical records and personnel records, as well as to provide the Veteran with a comprehensive examination. The claims for service connection will be remanded for these purposes.

The Board has reopened the Veteran's claim of service connection for a low back disability and remanded the downstream service connection claim. The new evidence received since the June 1995 rating decision tends to show that the Veteran has a current low back disability related to injuries in service, raising a reasonable possibility of substantiating his claim.

The Veteran's PTSD has been granted service connection, and the Board finds that he is entitled to this benefit based on his combat experience in Korea. The low back disability and TDIU issues are remanded for further development.

The Veteran's cause of death is attributed to medications prescribed for his service-connected disabilities, and the claim for service connection for depression has been granted with a rating of 70 percent effective from March 7, 2011. The appellant is also entitled to special monthly compensation based on aid and attendance/housebound status.

The Board found that the Veteran's low back disability and thoracolumbar spine arthritis were not incurred or aggravated by active service, and thus denied his claims for service connection.