Back / lumbar spine decisions — 2010

The Veteran's claims for service connection for sarcoidosis and a low back disorder are being remanded due to the unavailability of his service treatment records, which may indicate exposure to asbestos or an injury in service. The Veteran will be scheduled for VA examinations to determine if he has these conditions and whether they are related to service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and VA treatment records.

The Board has determined that the effective date for the grant of service connection for degenerative changes of the lumbar spine at L4-S1 is November 21, 2001. The Veteran's initial increased rating claims have been denied as her disability does not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Board has decided to remand the Veteran's claims for low back pain and right knee injury residuals due to a missed hearing, and because further development is needed including obtaining medical records and scheduling VA examinations.

The Veteran's right hip disorder and back disorder are not service-connected as they are secondary to his service-connected right knee disorder. His claim for an increased rating for the right knee disorder was granted, but he is still seeking a compensable evaluation for his surgical scar and weakness of muscle group XIII.

The Board determined that the reduction of the 40 percent rating for degenerative disc disease with herniated disc, thoracolumbar spine to 10 percent was not proper and restored the original 40 percent rating effective from February 6, 2004.

The Veteran's claim for initial compensable ratings for her cervical and lumbar spine disabilities is being remanded due to the need for additional medical examinations and consideration of all relevant evidence.

The Board has remanded the Veteran's claims due to incomplete service records and further development is required.

The Board has determined that the Veteran's low back disorder, including multilevel lumbar spondylosis, was permanently aggravated by his service-connected left knee disorder.

The Veteran's claim for vocational rehabilitation training is being remanded due to the need to adjudicate his service connection and increased rating claims, as well as his employment handicap issues. The VR&E Division will also gather information from his last employer regarding his resignation.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and evaluation of his service-connected disabilities.

The Veteran's appeal of the issues regarding a higher disability rating for cervical spine DJD with DDD and a temporary total rating due to surgery has been withdrawn.

The Veteran's service-connected disabilities, including left knee chondromalacia, left knee arthritis, lumbar spine disability, and right knee disability, have rendered him unable to secure or follow a substantially gainful occupation. The case is REMANDED for further development.

The Veteran's back disability was rated at 10% prior to June 22, 2005 and at 40% from that date. The psychiatric disability was not rated.

The Veteran's appeals for increased ratings for chronic low back syndrome with disc degeneration and a fractured right second metacarpal were denied. The case is remanded to the RO for scheduling a hearing before a member of the Board.

The Board has remanded the claims for additional development, including obtaining service personnel records and VA examinations to determine if the Veteran's current low back disability, depression, anxiety, and hypersomnia are related to his military service.

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

The Board denied the Veteran's claim for an extraschedular TDIU rating prior to July 13, 2004, finding that his service-connected disabilities did not render him unemployable and that there was no evidence of frequent hospitalization or marked interference with employment.

The Veteran's claims for increased ratings for his right hip disability and the residuals of a fracture of the left mandible have been granted. The Veteran is currently receiving the maximum available rating for these conditions.

The Veteran's claims for service connection and higher ratings have been denied. The Board has granted service connection for carpal tunnel syndrome of the left hand.