Back / lumbar spine decisions — 2009

The Veteran seeks an earlier effective date for the grant of TDIU, which was initially granted on September 18, 1993. The Board has remanded this case to consider whether the claim should be considered on an extraschedular basis due to unemployability during a period from September 20, 1989 to September 17, 1993.

The Veteran's lumbosacral strain is currently rated at 10 percent, the maximum schedular rating available. The appeal has been granted.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for additional development, including a VA examination and review of medical records.

The Veteran's claim for a higher rating for his low back disability is being remanded due to incomplete development of records.

The Veteran's bilateral hearing loss is not shown to be present for VA compensation purposes.,His pre-existing thoracic spine and right knee conditions are clearly and unmistakably present prior to service, so they were not aggravated by service.

The Veteran's low back disability was rated at 20 percent prior to February 26, 2009. After that date, the rating was increased to 40 percent due to his limited range of motion and intervertebral disc syndrome.

The Veteran's claims for increased ratings, service connection, and total disability rating based upon individual unemployability were denied. The appeal is remanded to the RO.

The Veteran's claim for service connection for thoracolumbar strain has not been reopened, and his request for a higher initial evaluation for PTSD remains denied.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's psychiatric disorder, hemorrhoids, and thoracolumbar degenerative disc disease were all granted service connection. The initial evaluation for the thoracolumbar degenerative disc disease was increased to 20 percent.

The Veteran seeks service connection for a low back disability, which he attributes to an in-service injury. The Board has determined that further development is needed before the claim can be decided.

The Board has determined that the Veteran does not have a current right knee or lower back disorder related to her active duty service. The claims are therefore denied.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA audiological examination.

The Board has reopened the Veteran's claims for service connection for a back disorder (DDD of the lumbar spine) and asthma, but additional development is required to determine if these conditions are related to his military service.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is being remanded due to the need for a VA examination.

The Veteran's claim for increased ratings for his lumbar and thoracic spine disorders is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's claims for service connection have been denied as new and material evidence was not submitted to reopen his right knee injury claim, and he does not meet the criteria for service connection for other conditions.

The Veteran's claim for service connection for tinnitus was granted. Other claims were not addressed due to the need for additional development.

The Board has remanded the case for further development to determine if service connection can be granted for low back disability and athlete's foot.

The Board has remanded the case due to the appellant's request for a hearing. The claim will be handled by scheduling a Videoconference Hearing before a Veterans Law Judge.