Back / lumbar spine Board decisions

The Veteran's service-connected lumbar spondylosis was granted an increased evaluation from 10% to 20%, effective January 18, 2011, and a further increase to 40%, effective December 17, 2011. Attorney fees are being granted for past due benefits based on the legal services provided by the Appellant.

The Board has determined that the Veteran's low back and left thigh disabilities are not service-connected, as there is no evidence of a nexus between these conditions and his military service. The VA medical opinions provided significant weight to the conclusion that any current low back or left thigh disability is less likely caused by or aggravated by his service-connected bilateral knee and ankle disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination. The issues of increased disability ratings for her service-connected lower back condition and secondary service connection for urinary frequency are also being addressed.

The Veteran's service-connected residuals of a right knee injury are currently rated at 10 percent, but the Board finds that there is no evidence of more than slight instability warranting a higher rating under Diagnostic Code 5257.,Regarding her low back disability, the Board concludes that it is not related to service or any service-connected condition.

The Board has remanded the case for further development, including an audit of the Veteran's account and a current financial status report. The Veteran is to be provided another opportunity to submit evidence related to his request for waiver of recovery of overpayment.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the claims.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected spine disability and any associated neurologic involvement.

The Board has remanded the case for an addendum opinion regarding the Veteran's lumbar spine disability, as there is insufficient rationale in the previous examination and no analysis of prior injuries or diagnoses affecting his current condition.

The Veteran's residuals of right thumb injury are related to active service and the claim for service connection is granted.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted effective January 6, 2011. The criteria for TDIU were met as the Veteran's service-connected disabilities rendered him unable to work at his previous job due to health issues.

The Board has reopened the Veteran's claim and found that new evidence supports a service connection for arthritis of the lumbar spine and left lower extremity radiculopathy, which are related to his in-service injury.

The Veteran's claims for service connection for tinnitus, prostate hypertrophy, hypertension, and a back disability were denied. The claims for increased ratings for depression and onychomycosis of both hands, as well as TDIU prior to February 6, 2012, are addressed in the REMAND portion of this decision.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,For her claim of service connection for feminine problems, to include tubal ligation and unusual menstrual cycles, the Board finds that she has submitted sufficient evidence to reopen her claim.

The Veteran's claim for service connection for a low back disability was reopened and granted. Service connection is also established for left shoulder arthritis, right shoulder arthritis, headaches, PTSD with cognitive disorder, and TBI. The Veteran's hearing loss and hypertension are not service-connected.

The Board has remanded the case for further development, including an audit of the Veteran's account and a current financial status report. The Veteran is to be provided another opportunity to submit evidence related to his request for waiver of recovery of overpayment.

The Board has remanded the case due to a need for additional development, including obtaining records related to court martial proceedings involving Kinsell and Bradford.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially-gainful occupation prior to December 11, 2009, effective July 23, 2003.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has determined that the Veteran's current lumbosacral syndrome with fusion for herniated lumbar disc is at least as likely as not related to his in-service back injury, and service connection is granted.

The Board has remanded the case for additional development, including obtaining service treatment records and any relevant private medical records. The Veteran's claim of entitlement to service connection for back and neck disorders is currently pending.