Back / lumbar spine decisions — 2009

The appellant seeks service connection for low back pain, disability of the parotid gland, allergic rhinitis, and a disability of the chest. The VA is remanding the case to obtain medical examinations and opinions regarding these claims.

The Veteran's appeal is being remanded for additional development, including VA examinations and a Persian Gulf examination. The claims will be readjudicated after the additional development.

The Veteran seeks service connection for his current low back disorder, diagnosed as degenerative arthritis of the lumbar spine. The Board finds that a remand is necessary to obtain outstanding VA treatment records and to provide an adequate VA examination to determine the nature and etiology of his current back disorder.

The Veteran's service-connected lumbosacral strain was not found to warrant a rating in excess of 40 percent prior to May 21, 2008. Her claim for a compensable evaluation for her bone spur of the right foot was also denied.

The Veteran's appeal is being remanded due to the need for additional records and clarification regarding his treatment history.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain was granted, with the effective date being determined by VA.

The Veteran's claim for an increased rating for lumbosacral strain and TDIU is denied. The Board found that the available schedular evaluation adequately addressed his disability level.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the previously denied claims for service connection for a right shoulder disorder, neck disability, and chronic back disability.

The Veteran's appeal is being remanded due to inadequate explanations in the previous decisions and for additional development of his claim, including obtaining SSA records and scheduling a VA examination.

The Veteran's low back disorder is not service connected, but her RSD related to her knee disability is service-connected.

The Board has ordered a VA examination to determine if the Veteran's current degenerative disc disease of the lumbar spine is related to his service-connected lumbosacral strain or aggravated by it. The appeal will be remanded for this purpose.

The Board denied the Veteran's claims for service connection for a low back disorder, reopening of his PTSD claim, TDIU, and entitlement to an effective date earlier than February 25, 2000 for additional compensation for a dependent spouse. The claim for an effective date earlier than February 25, 2000 for additional compensation for a dependent child was denied due to lack of adequate documentation.

The Board has remanded the case for further development, including scheduling a VA examination and providing VCAA notice.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher disability rating at any point.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need to obtain Social Security Administration (SSA) medical records and further development.

The Veteran's claim for increased ratings for his lumbosacral strain was denied. The current rating of 10 percent is maintained prior to November 3, 2008 and since that date the maximum allowable rating of 20 percent has been granted.

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

The Board found that the current low back disability, including a herniated nucleus pulposus at L5-S1 and low back strain, was not incurred or aggravated by service. The Veteran's in-service injury did not result in chronicity of symptoms during service, and there is no evidence of ongoing back problems post-service.

The Veteran's service-connected cervical spine disability does not meet the criteria for a TDIU rating as he is still able to engage in some form of substantially gainful occupation.

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