Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Veteran's back disability is manifested by subjective complaints of pain on physical activity, but there was no objective evidence of limitation of motion or pain on movement. The Veteran does not meet the criteria for a compensable evaluation under the range of motion-based criteria.

The Veteran's cervical spine disability, characterized by chronic strain and degenerative changes, is currently rated at 20 percent. The Board has granted a separate rating of 30 percent for radiculopathy of the left arm.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for depression. The Veteran's petition to reopen claims for entitlement to service connection for hepatitis C, depression, lumbosacral strain with arthritis, TDIU, and non-service-connected pension were denied.

The Veteran's appeal is being remanded for a combined effects medical opinion to determine if his service-connected disabilities preclude him from securing or following gainful employment. The claim will also be reviewed for extra-schedular consideration.

The Board found that the Veteran's low back disability was not incurred or aggravated by active service, and denied his claim for increased rating and TDIU. The Board also determined that the criteria for a temporary total rating were not met.

The Board has remanded the case for additional development due to inconsistencies in the record and specific questions regarding the nature and likely etiology of the claimed cervical spine, lumbar spine, and right elbow disorders.

The Veteran's service-connected conditions, including his service-connected multiple sclerosis and related urinary incontinence, have rendered him helpless as he requires regular aid and attendance due to physical disabilities such as balance issues, coordination problems, and difficulty with daily activities.

The Veteran's prostate disorder, to include prostate cancer, is not shown to have onset during service or be related to service. The Board denied the claim for service connection for prostate disorder as secondary to herbicide exposure. For his back disorder, the VA examiner found no evidence of a relationship between the current condition and active duty service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of both hands, blindness in both eyes with 5/200 visual acuity or less, or deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.

The Board has determined that the Veteran's low back disorder was not incurred in active service and arthritis may not be presumed to have been so incurred. The left knee disorder is also denied as there is no indication of a preexisting condition.

The Board is remanding the case to allow for further development, including obtaining VA treatment records and arranging for a VA examination. The Veteran's claims are being reopened due to new evidence provided.

The Veteran's left wrist disability is due to his service-connected right ankle disability and has been granted.,The Veteran's right leg disability is also due to his service-connected right ankle disability and has been granted.,For the period prior to November 2, 2012, a 50 percent rating for depressive disorder has been granted. For the period since November 2, 2012, a higher rating is not warranted.,A 50 percent rating for migraine headaches has been granted.,For the period prior to November 5, 2012, a 10 percent rating for asthma has been granted. For the period since November 5, 2012, a higher rating is not warranted.,A 30 percent rating for TMJ disorder based on limitation of motion has been granted. A higher rating is not warranted.,For all periods under appeal, a 20 percent rating for TMJ disorder based on unilateral loss of whole or part of ramus involving loss of temporomandibular articulation has been granted.,A 20 percent rating for the right ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the lumbar spine disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the right knee disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left knee disability has been granted. A higher rating is not warranted.,A 10 percent rating for the right carpal tunnel syndrome has been granted. A higher rating is not warranted.,A 10 percent rating for the right lower extremity neuropathy has been granted. A higher rating is not warranted.,For the period prior to December 13, 2012, a 10 percent rating for GERD has been granted. For the period since December 13, 2012, a higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for sinusitis has been granted. A higher rating is not warranted.

The Board has determined that the Veteran's current low back arthritis is presumed to have been incurred in service due to its manifestation within one year of separation from active duty.

The Veteran's appeal is being remanded for additional development to obtain recent medical records and to provide the Veteran with a VA examination to assess her employment status due to her service-connected lumbar spine disability.

The Board has reopened the claim of service connection for a low back disability and finds that new and material evidence has been received. The Veteran's low back disability is related to his participation in a clean-up operation of an air crash during service, leading to constant pressure and trauma to his low back. Service connection is granted for this condition. The issue of hypertension is not addressed as it may not be presumed to have been incurred in service. Service connection for the skin disability is denied.

The Board has determined that additional development is needed to obtain all pertinent treatment records and to provide the Veteran with a VA examination for his claimed disabilities. The claims are being remanded.

The Board found no evidence of chronic disabilities in service or within the first post-service year, and concluded that any current neck, low back, or right shoulder conditions are not related to service.

The Veteran's claim for a right shoulder disability has been reopened and is being remanded to obtain VA examination.,The Veteran's claims for low back disability, headaches, and gastritis are also being remanded to obtain VA examinations.

The Veteran's appeal involves multiple issues including service connection for chiari malformation, increases in ratings for psychiatric disability and radiculopathy conditions, as well as increased ratings for cervical spine degenerative disc disease, right shoulder tendonitis, and cervicogenic headaches. The case is being remanded to allow the Veteran to schedule a hearing and for issuance of an SOC regarding the rating for cervicogenic headaches.