Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded to allow for a statement of the case on his claim for service connection for a lumbosacral herniated nucleus pulposus. The hearing loss in the right ear issue will be addressed after a VA examination.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease and sciatica symptoms is being remanded due to the need for additional development, including obtaining medical records from various providers.

The Board has determined that the Veteran's low back and right hip disorders are not related to military service or a service-connected disability, thus denying his claims for service connection.

The Board found that the Veteran's current lumbar spine degenerative disc disease and arthritis are due to a superimposed low back injury incurred while on inactive duty training in February 1994.

The Board has reopened the Veteran's claims for service connection for gout and lower back condition. The claim for lower back condition is granted as it is likely related to injuries sustained during service.

The Board has remanded the case due to inadequacy of the VA examination and need for further development.

The Veteran's appeal is being remanded for additional development, including obtaining mental health treatment records and private medical records. The TDIU claim will be deferred pending resolution of the PTSD claim.

The Board has remanded the Veteran's claim of service connection for a back disorder due to an error in its May 2008 decision and the need for further development.

The Board has remanded the case for a VA examiner to review service treatment records and determine if there is any relationship between the Veteran's current low back disorder and his period of active duty from October 1977 to February 1981.

The Veteran's lumbar spine disability was denied an initial evaluation in excess of 10 percent prior to May 30, 2008 and from May 30, 2008. The claim for service connection for a cardiovascular disorder was not reopened.

The Veteran's lumbar spine disorder has been rated at 20 percent since April 20, 2000. Since May 8, 2008, he is also entitled to separate 10 percent ratings for right and left lower extremity radiculopathy.

The VA has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating based on individual unemployability.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete development and notification requirements under the VCAA.

The Board has remanded the case for further development, including providing proper VCAA notice and scheduling a VA examination to determine if any current back disability had its onset in active service or is otherwise related to service.

The Board denied service connection for a low back disorder and left hip disorder, finding no evidence of a current disability or that any diagnosed condition is related to service or a service-connected disability.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need to consider both old and new rating criteria, as well as extraschedular considerations. The case will be returned to the Board for further review.

The Veteran has withdrawn his appeal of the issue of entitlement to an increased evaluation for degenerative disc disease of the lumbar spine, which is now dismissed.

The Board has determined that the Veteran does not have a back disability related to military service and therefore denied his claim for service connection.

The Veteran's claim for service connection of a low back disability is being remanded due to incomplete records and the need for further medical examination.

The Veteran's low back strain disability is not manifested by severe limitation of motion, severe lumbosacral strain, ankylosis of the entire thoracolumbar spine or forward flexion of the thoracolumbar spine 30 degrees or less. Therefore, her claim for a higher initial evaluation is denied.