Back / lumbar spine Board decisions

The Veteran's appeal is being remanded due to the need for a new examination, additional records from Social Security Administration and private medical providers, and consideration of his TDIU claim.

The Board has reopened the Veteran's claims of entitlement to service connection for a low back disorder and bilateral knee disorders. The Board finds that there is sufficient evidence to support these claims, including VA treatment records and private hospital reports, which indicate chronic pain conditions related to military service.

The Veteran withdrew his appeal with respect to the claims for service connection for post-traumatic stress disorder, diabetes mellitus, hypertension, and eye hemorrhages during a July 2015 Board hearing.

The Board has decided to remand the case due to the Veteran's failure to report for VA examinations and requests for rescheduling. The claim will be reconsidered based on all available evidence.

The Veteran's low back disability is being remanded for additional development to determine if it is related to his service, including obtaining treatment records and scheduling a VA examination.

The Veteran's claim for service connection for PTSD was denied because the evidence did not establish an in-service stressor. The claims for psychiatric disability other than PTSD, low back disability, and cervical spine disability are currently pending.

The Veteran's service connection for residuals of a left leg stress fracture is granted. The claims of service connection for diabetes mellitus, hypertension, and low back disability are remanded for additional development.

The Veteran has withdrawn all remaining issues associated with his appeal, including the issue of entitlement to a higher evaluation for service-connected cervical spine disability.

The Board has determined that additional development is necessary and the appeal is REMANDED to obtain outstanding VA and private treatment records, clarify whether there are any updated records from the Penn Sleep Center, and schedule the Veteran for appropriate VA examinations to determine the nature and etiology of his claimed conditions.

The Board has determined that the Veteran does not have current diagnoses for an upper back condition, chronic fatigue, sleep apnea, hypertension, or residuals of Guillain-Barre Syndrome. Therefore, service connection for these conditions is denied.

The Board has decided to remand the case for additional development, including obtaining SSA disability and SSI records and scheduling a VA examination. The Veteran's claim of reopening his service connection for a back disorder is pending.

The Veteran's appeal is denied as his low back disability does not meet the criteria for a higher than 20 percent evaluation. His other claims are also denied.

The Board has decided to remand the case for additional development, including obtaining missing service records and scheduling a VA spine examination.

The Veteran's low back disability was rated at 10 percent for the initial rating period from June 24, 2006 to August 27, 2012. The VA examiner found that the Veteran experienced pain and limited motion but no incapacitating episodes during this period.

The Veteran's service-connected disabilities did not preclude substantially gainful employment prior to October 9, 2013.

The Veteran's claims for increased disability ratings for lumbar and cervical spine disabilities, as well as reopening of a left hip disability claim, were denied. The Board found that new evidence did not relate to unestablished facts necessary to substantiate the left hip claim.

The Board granted an initial 20 percent rating for mechanical thoracolumbar muscle strain prior to September 23, 2013, and denied the remaining issues on appeal.

The Board denied service connection for residuals of a cold weather injury to the right foot, and denied reopening and granting service connection for residuals of a cold weather injury to the left foot. Service connection was also denied for low back disorder as secondary to bilateral knee disability, but TDIU was granted.

The Veteran's lumbosacral strain is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine less than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. He also has not had incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.

The Veteran's service-connected low back disability is not shown to meet the criteria for a higher rating, as his forward flexion of the thoracolumbar spine remains within normal limits and does not result in favorable or unfavorable ankylosis.