Back / lumbar spine decisions — 2009

The Board has remanded the case due to inadequate examination and consideration of continuity of symptoms.

The Board found that the Veteran's degenerative disc disease of the cervical spine with neuropathy of the right upper extremity and arthritis were incurred in active service.

The Board has determined that the Veteran's low back disorder is not related to his military service and denied his claim for service connection.

The Veteran's claim for an increased rating for lumbosacral strain with scoliosis is being remanded due to the need for a current VA examination and additional records.

The Veteran's claims for service connection are being remanded to the RO for consideration of additional evidence and a VA examination.

The Veteran's low back disability, rated at 20 percent prior to April 21, 2007, and now rated at 40 percent since that date, is found to meet the criteria for a higher rating. Additionally, separate ratings of 10 percent are assigned for neurological manifestations.

The Board has determined that the Veteran's current low back and left knee/shin disorders are not related to his military service, and thus denied both claims.

The Veteran's left lower extremity radiculopathy and degenerative disc disease at L4-5 were both rated as 20 percent disabling, effective from the date of his claim.

The Veteran's appeal is remanded to determine if he sustained additional disability as a result of his slip and fall at the VA medical center in Chillicothe, Ohio. The case will be reviewed based on the evidence provided.

The Board has requested additional medical records and will review the case to determine if service connection under 38 U.S.C.A. § 1151 for residuals of L4-5 lumbar disc surgery can be granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations.

The veteran seeks an increased evaluation for his service-connected lumbosacral strain, currently rated at 60 percent. The Board has remanded the case to provide a new VA examination and consider extraschedular evaluation under 38 C.F.R. § 3.321.

The Veteran's appeal is being remanded for a videoconference hearing at the RO due to her request. The rating and TDIU issues are still pending.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination to consider the appellant's entire medical history and disability picture. The issues of entitlement to service connection for right knee disorder, left knee disorder, and back disorder are being addressed in this context.

The Board denied the appellant's claims for a total disability evaluation based on individual unemployability due to his service-connected disabilities from January 2, 2004, to March 3, 2005, and from December 1, 2005, to September 1, 2006.

The Veteran's thoracolumbar spine disability has been rated at 40 percent since February 3, 2009. The rating is based on severe limitation of motion and associated radiculopathy.

The Board has determined that the Veteran's current low back disability is not related to his active service, and thus denied his claim for service connection.

The Veteran's service-connected traumatic arthritis of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.