Back / lumbar spine Board decisions

The Veteran's appeal has been dismissed due to his death. The claims for service connection have not been decided.

The Board has granted the Veteran's claim to reopen his service connection for a back disability and remanded the issues of entitlement to higher ratings for residuals of a fracture of the left ankle and fibula, as well as whether new and material evidence has been submitted sufficient to reopen a claim of entitlement to service connection for a cervical spine disability.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before the Board. The case will be returned for further action.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and private medical records. The Veteran's lumbar spine disability is also to be evaluated by a VA examiner.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining relevant treatment records and scheduling a VA examination. The issues of entitlement to service connection for sleep apnea, PTSD, and low back disability are being remanded.

The Veteran's claim for a rating in excess of 10 percent for lumbar spine degenerative arthritis prior to January 1, 2014 was denied. The disability is currently rated as 10 percent disabling.

The Board has granted service connection for lumbar and bilateral shoulder disabilities that are secondary to the Veteran's cervical spine disability. The Veteran is assigned a 30 percent rating for these conditions.

The Board finds that the Veteran does not have a current lung disorder related to in-service asbestos exposure or otherwise related to his active service. The Board also finds that there is no evidence of a current back disability and concludes that any such disability is less likely than not incurred during his period of active service.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, including scoliosis, as there was no evidence of an in-service injury or disease that could be linked to his current condition.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent prior to August 21, 2013, and/or in excess of 40 percent from that date.

The Veteran's claim for service connection for a low back disability is granted, as the evidence shows that his current low back disability was incurred in active service. The issue of increased rating for PTSD remains pending and will be addressed in a separate remand.

The Veteran's cervical and lumbar spine disabilities have been rated at 20 percent since May 4, 2011. The criteria for a higher rating are not met.

The Board denied service connection for radiculopathies of the right upper extremity, finding no current disability and insufficient evidence to link any existing condition to service or a service-connected disorder.

The Veteran's claims for increased rating of lumbar spine disability and service connection for bilateral hearing loss were denied. The claim for TDIU was not addressed as it is part of the remand.

The Board has determined that the Veteran does not have a service-connected disability and therefore cannot be granted service connection for his low back disorder. Additionally, he is not deemed unemployable due to any service-connected disabilities.

The Board denied the Veteran's claim for an effective date earlier than November 9, 2010 for a 10 percent disability rating for sciatic nerve impairment affecting his right lower extremity. The decision found that the MRI study received by VA on November 9, 2010 was not received until then and thus did not constitute an informal claim filed earlier.

The Veteran's low back disability was rated at 20 percent prior to July 8, 2014 and increased to 40 percent thereafter. The effective date for the 40 percent rating is July 8, 2014.

The Board has determined that the Veteran's current low back disability is related to his active military service, and thus grants service connection for this condition.

The Board has remanded the case for additional development due to inadequate medical opinions. The Veteran needs a new VA examination to determine if his low back disability is related to service, including dishonorable service.

The Veteran's claim for an annual clothing allowance was denied by the AOJ, and the case is being remanded due to incomplete records and need for further examination.