Back / lumbar spine Board decisions

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing due to his incarceration.

The Veteran's appeals have been dismissed as he has withdrawn his claims for service connection and increased evaluations.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for further development and consideration of whether he meets the unemployability criteria under 38 C.F.R. § 4.17(b).

The Veteran's appeal is being remanded to obtain updated VA examinations and outstanding medical records, as well as provide proper notice regarding his service connection claim for a low back disorder. The claims will be readjudicated after all development has been completed.

The Board found that the Veteran did not file a timely Notice of Disagreement (NOD) to the December 2008 rating decision, which denied his claims for service connection for various conditions. As such, the appeal was denied.

The Veteran's traumatic arthritis of the thoracolumbar spine was rated at 20 percent since January 5, 2011. This rating is in line with his current disability level.

The Board found that the Veteran's lumbar spine disability did not have its clinical onset in service and is not otherwise related to active duty. Arthritis of the lumbar spine was not exhibited within the first post-service year, and the current lumbar spine disability is not due to or the result of service-connected right knee disability.

The Board has remanded the Veteran's claims of entitlement to a compensable disability rating for service-connected tension headaches and entitlement to total disability rating due to individual unemployability as a result of service-connected disabilities. The case is being returned to the RO for further development.

The Board has remanded the case due to insufficient evidence in the April 2010 VA examination report, and a new medical opinion is needed regarding the nature and etiology of any back disorder.

The Board has determined that the Veteran's claimed residuals of a head injury and back disability were not incurred or aggravated by service, as there is no evidence of in-service injury or chronicity. The VA specialists concluded that these conditions are less likely than not related to service.

The Veteran's claim for an increased rating for thoracolumbar degenerative disc disease and a TDIU has been remanded due to the need for additional VA examinations, updated treatment records, and clarification of the impact of his service-connected disabilities on his ability to work.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and spinal stenosis, is not related to his service. The VA examiner found no medical nexus between the Veteran's in-service injury and his current condition.

The Board has determined that the September 2010 medical opinion against the claim is not adequate for adjudication purposes and that the Veteran should be afforded another examination to determine the nature and etiology of his back disability.

The Veteran's service-connected lumbar strain with degenerative disc disease is currently rated at 20 percent, but the September 2012 VA examination and opinion indicate that it warrants a higher rating of 40 percent.

The Veteran's disability manifested by low back degenerative changes including arthritis is not due to disease or injury that was incurred in or aggravated by active service; nor may arthritis be presumed to have been incurred therein.

The Board has remanded the claims for additional development due to the need for medical opinions regarding the Veteran's cervical and lumbar spine disabilities, as well as for VA treatment records.

The Board has remanded the case due to the need for a VA examination and additional medical records, as well as new evidence of a lumbar spine disability.

The Veteran's claim for an earlier effective date for SMC based on the need for regular aid and attendance was denied as there was no pending claim prior to May 13, 2009. The effective date of May 13, 2009 is established based on a medical opinion dated that day.