Back / lumbar spine Board decisions

The Veteran has withdrawn his appeal for service connection for degenerative disc disease of the lumbosacral spine and a right knee disability. The Board is dismissing these claims.

The Board has granted an initial disability rating of 20 percent for degenerative arthritis of the cervical spine and a separate 10 percent rating for degenerative arthritis of the lumbar spine, effective from the date of the grant of service connection.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling VA examinations to address service connection claims. The issues of TDIU are also inextricably intertwined with the service connection claims.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected knee, ankle, and foot disabilities. The evidence supports this finding as the Veteran reported multiple falls due to instability of his knees and ankles which resulted in neck and back injuries.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before a decision was made.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, type II and peripheral neuropathy of the upper and lower extremities. The claim for a back condition was reopened but remains denied due to lack of in-service injury or incident.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5243 for intervertebral disc syndrome. The Board finds that the evidence does not support a higher evaluation based on incapacitating episodes or limitation of motion.

The Board has granted service connection for tension headaches, denied service connection for night tremors, granted increased disability ratings for lumbosacral strain and right ankle disability, and remanded the issues of TDIU and reopening of service connection for tension headaches.

The Board has decided to remand the case for additional development, including obtaining SSA records and possibly a supplemental opinion from the December 2011 VA examiner or a new examination if necessary. The Veteran's claim for service connection for low back disability and bilateral leg disability will be reconsidered based on the additional evidence.

The Veteran's claim for service connection for a back disorder, including scoliosis and degenerative disc disease with radiculopathy, is being remanded due to the need for additional development.

The Veteran's service-connected disabilities, including a low back disorder and mood disorder, have rendered him unable to secure or follow substantially gainful employment since June 19, 2002.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include PTSD, left lower extremity radiculopathy, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right knee internal derangement, and left knee arthritis. The Veteran's overall picture indicates that he needs constant supervision due to his service-connected disabilities.

The Veteran's appeal was denied for all issues, including service connection for a sleep disorder.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's death was caused by acute respiratory distress syndrome due to sepsis and cirrhosis, which were linked to his service-connected PTSD. As a result, the Board has granted service connection for the cause of the Veteran's death.

The Board has received notification from the appellant's representative that they wish to withdraw their appeal for entitlement to service connection for a right inguinal hernia. As such, this issue is dismissed.

The Board has remanded the case due to an inadequate VA examination and the need for a new opinion on the etiology of the Veteran's back disability. The right leg disability is also inextricably intertwined with the back disability, so both must be addressed together.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining medical records and attempting to obtain Social Security Administration (SSA) records. The Veteran's claim for increased ratings for a back condition remains in controversy as less than the maximum benefit allowed by law has been awarded.

The Veteran's low back disability is currently evaluated at 20 percent, the maximum schedular rating for this condition.

The Board has granted an effective date of March 15, 1979 for the grant of TDIU on an extraschedular basis due to the Veteran's service-connected disability preventing him from securing and following any substantially gainful occupation.