Back / lumbar spine decisions — 2009

The Board has determined that a new VA examination is needed to determine the existence and etiology of any current neck or back disability, as well as whether these disabilities are related to the Veteran's service-connected left shoulder disability.

The Veteran's service-connected disabilities do not alone preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Veteran's service-connected low back disability, characterized by recurrent strain with degenerative arthritis and intervertebral disc syndrome, is currently rated at 40 percent. The Board has determined that a higher rating of 60 percent is warranted for the period from September 23, 2002, based on more severe symptoms including persistent sciatic neuropathy.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the etiology of his claimed back disorder, bilateral hip disorders, and hemorrhoids.

The Veteran's claims for service connection for back and shoulder disabilities are being remanded due to the need to obtain relevant private treatment records from Dr. King.

The Veteran's claims for increased ratings for lumbar spine strain and migraine headaches were denied. The Board found that the current evaluations did not meet the criteria for higher ratings under the applicable rating schedule.

The Board found that the prior rating decisions denying service connection for lumbosacral spine disability were not clearly and unmistakably erroneous, and denied entitlement to an earlier effective date.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his service-connected conditions.

The Board denied a request for an effective date earlier than February 5, 2004, for the grant of Total Disability based on Unemployability (TDIU) due to lack of factual evidence showing entitlement prior to that date.

The Board finds that the Veteran's low back disability is not directly related to military service and does not have a nexus with his service-connected right knee disability.

The VA Director of Compensation and Pension Service found an extraschedular rating warranted for the Veteran's service-connected traumatic arthritis of the lumbosacral spine, increasing the rating from 40 to 50 percent effective August 25, 1999.

The Veteran's low back disability was not found to warrant an increase in ratings prior to February 16, 2005. From that date, the disability has been rated at 20 percent for thoracolumbar strain with mild disc bulging and right lower extremity radiculopathy.

The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease with chronic pain.

The Board denied the Veteran's claims for reopening his service connection claim and finding no CUE in the November 2001 rating decision.

The Board found no evidence of a chronic low back disorder in service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded due to missing records and gaps in the appellate record. The RO/AMC needs to provide more information about their efforts to obtain these records.

The Board has decided to remand the case for further development, including providing proper notice and obtaining a new VA examination.

The Board found that the claimed disabilities, including diabetes mellitus, back conditions, groin injury residuals, right hip disability, and schizophrenia, were not incurred in or aggravated by service, nor may they be presumed to have been incurred as a result of service exposure to ionizing radiation.

The Veteran's claim for service connection for a lumbar spine disability based on aggravation is being remanded due to insufficient development of the medical evidence.

The Veteran's claim for service connection for a back disability is being remanded. The issue of whether new and material evidence has been received to reopen his claim for service connection for a neck disability is also being remanded.