Back / lumbar spine Board decisions

The Board previously denied service connection for a low back disorder, and the case is being remanded to allow for further examination and consideration of the Veteran's assertions regarding when his symptoms began.

The Board has remanded the case for additional development due to incomplete records and potential need for further examination.

The Veteran's lumbar spine disability is manifested by painful motion, positive Goldthwaite's sign, degenerative changes, tenderness and paravertebral muscle spasms. The disability has not resulted in pronounced intervertebral disc syndrome with associated symptoms and little intermittent relief, separately compensable neurological impairment in either lower extremity, ankylosis, or excessive incapacitating episodes necessitating bed rest prescribed by a physician.

The Board found that the Veteran's current low back and right leg sciatica conditions are not related to his service, with the exception of a possible connection between the inservice injury and the degenerative process in the lumbar spine. The claims for service connection were denied.

The Board has remanded the case for further development due to a Joint Motion addressing continuity of low back symptoms since service.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and the claim for an earlier effective date for TDIU was also denied.

The Board found that the Veteran's currently diagnosed low back, neck, right knee, left knee, and headache disabilities are not related to service. The preponderance of evidence is against a finding that these conditions were incurred or aggravated during active duty.

The Veteran's claim for SMC at the housebound rate is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his TDIU rating based on one service-connected disability qualifies him for a total rating without requiring additional service-connected disabilities to meet the criteria.

The Board finds that the Veteran's back disorder was clearly and unmistakably pre-existing service, but was aggravated by active duty. The claim is granted.

The Veteran's thoracolumbar spine disability is currently evaluated at 20 percent, and the Board finds that an evaluation in excess of 20 percent is not warranted.

The Veteran's service-connected thoracic spine disability has not been shown to meet or approximate the criteria for a schedular evaluation in excess of 20 percent.

The Veteran's cervical spine disability was rated at 10 percent prior to January 24, 2012 and 20 percent from January 24, 2012. Right cervical radiculopathy is currently rated as 20 percent disabling.,Right cervical radiculopathy has been assigned a rating of 20 percent since July 14, 2010.

The Board has remanded the case for further development, including a VA examination to address whether the Veteran's low back disability is related to service or post-service motor vehicle accident.

The case is being remanded for a new VA examination to determine the current severity of the appellant's service-connected thoracolumbar spinal strain, cervical spine degenerative disc disease, and neurological impairment of the left upper extremity. The appellant should also provide any additional private treatment records.

The Veteran's appeal is being remanded to the RO for scheduling a video conference hearing at the nearest VA facility to her current residence in Charlotte, North Carolina.

The Veteran's claim for service connection for a left knee disability was denied because there is no medical evidence linking the current condition to his active duty. The claim for reopening of a back disability was also denied as new and material evidence has not been received.

The Board has determined that additional development is needed to determine if the Veteran's service-connected conditions contributed to his death due to pancreatic cancer.

The Veteran's appeal is being remanded for additional development, including the provision of a new VA examination to assess the severity of his service-connected back and left shoulder disabilities.

The Board has remanded the case for further development, including obtaining VA treatment records and a spine examination.

The Board has determined that the Veteran's current low back and left ankle disabilities are not service-connected, as they were not manifest in service or related to his service-connected knee disabilities. The RO's decision denying compensation under 38 U.S.C.A. § 1151 for deep venous thrombosis of the right upper extremity is also denied.