Back / lumbar spine Board decisions

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining VA treatment records and worker's compensation records. The Veteran will be scheduled for a VA examination to address his ED, low back disability, and bilateral knee disability.

The Veteran's service-connected residuals, post-operative left ankle fracture and lumbosacral strain have been rated at the maximum available rating of 20 percent for each condition. The Board finds that these ratings are appropriate based on the evidence showing marked limitation of motion in the left ankle and painful motion with guarding not resulting in abnormal gait or spinal contour.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar strain was not found to warrant a higher rating, while the lumbosacral degenerative disc disease with L5-S1 spondylolisthesis met criteria for a 40 percent rating from January 30, 2009. The lower extremity radiculopathy did not meet criteria for any increased ratings.

The Veteran's claim for an annual clothing allowance was denied because the back brace used for his service-connected lumbosacral strain did not tend to wear or tear his clothing, as it was worn improperly and without its rigid insert.

The Board has remanded the Veteran's claims of entitlement to service connection for lumbar and cervical spine disorders due to additional development being required.

The Board has determined that the Veteran's current degenerative arthritis of the lumbar spine and intermittent atypical chest pain are service-connected.

The Board found that the Veteran's current right shoulder disability did not have its onset during service or within a year of service separation, and is less likely than not related to any disease, injury, or incident therein.,Similarly, the Board determined that the Veteran's current low back disability did not manifest during service or within a year after service separation, and was less likely than not caused by any in-service disease, injury, or event.

The Board is remanding the case to determine if the appellant's low back disability was aggravated by any injury or disease sustained during periods of active duty for training (ACDUTRA) and/or inactive duty for training (INACDUTRA).

The Board has remanded the case due to new evidence and the need for a VA examination.

The Board has remanded the case for a new examination to evaluate whether the Veteran's current low back disability is related to service, including consideration of direct and secondary theories of service connection.

The Board finds that the Veteran's lumbar spine disorders are related to his active duty service, and grants service connection for a back disorder.

The Board has granted service connection for a lumbar spine disability and denied service connection for an undiscovered illness or chronic multisymptom illness.

The Board has granted service connection for depressive and anxiety disorders, finding that the Veteran's psychiatric disability is proximately due to or the result of his service-connected left ankle disability.

The Board denied the Veteran's claims for a higher rating for his lumbar spine disability and for extension of a temporary total rating following surgery. The Veteran's lumbar spine disability is currently rated as 40 percent disabling under DC 5237, which requires forward flexion to be at least 30 degrees or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for additional development to obtain outstanding medical records and to schedule VA examinations to determine the current severity of his PTSD with depression and low back disability.

The Veteran's myofascitis of the thoracolumbar spine is currently rated at 40 percent from November 1, 2014 due to unfavorable ankylosis.

The Board found no evidence of an in-service injury or disease related to the Veteran's back disability, and thus denied service connection.

The Veteran's claim for a higher rating for lumbosacral strain prior to February 22, 2012 is being remanded due to the need for additional development and an addendum VA examination.

The case is being remanded for additional development to obtain updated medical records, service personnel records, and a VA examination. The Veteran's claims will be reviewed again after the additional evidence is obtained.

The Board has remanded the Veteran's claims for additional development due to insufficient opinions in previous VA examinations and the need to consider the Veteran's lay statements regarding his symptoms.