Back / lumbar spine decisions — 2010

The Board has remanded the case for further development, including obtaining medical records and Social Security Administration disability file.

The Veteran's claims for service connection and increased ratings were denied. The case was remanded multiple times, but the final decision upheld the initial denial of service connection for a low back disorder and granted a 30 percent disability rating for right knee traumatic synovitis with incoordination secondary to pain from February 17, 1998 to December 29, 2002. The Veteran's claim for an increased rating for his right total knee replacement was also denied.

The Board has remanded the case for further development due to inadequate medical examination and consideration of new evidence.

The Board denied service connection for a psychiatric disorder claimed as stress and anxiety disorder, and for a low back disorder. The Veteran's claims were based on direct evidence rather than presumptive exposure to environmental factors or other theories.

The Veteran's appeal was denied for increased ratings and a separate rating for arthritis, as well as TDIU. The Board found that the current evidence did not meet the criteria for an increased rating in excess of 20 percent for lumbosacral strain or a separate rating for arthritis.

The Board has remanded the case for additional development due to insufficient evidence regarding the severity of the Veteran's service-connected low back disability and whether his current symptoms are related to his non-service-connected disabilities.

The Board found that the Veteran's service-connected IVDS, post operative laminectomy and lumbar fusion warrants a disability rating of 40 percent, effective from May 1, 2005. The decision also addressed separate ratings for radiculopathy in both lower extremities.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the case for a Travel Board hearing due to the appellant's request.

The Board has remanded the case for further development due to issues with representation and documentation.

The Veteran's claim for an increased rating for his lumbar spine DDD with radiculopathy is being remanded due to the need to obtain SSA records, a specific X-ray report, and review of whether separate ratings are warranted for any neurologic disabilities.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's appeals for increased disability ratings on his service-connected gunshot wound of the left buttock, degenerative disc disease of the thoracolumbar spine with osteoarthritis of the sacroiliac joint, and degenerative joint disease of the left hip have been dismissed due to withdrawal by the Veteran.

The Veteran's service connection claim for chronic pseudofolliculitis barbae was granted. The issue of service connection for a chronic low back disorder is being remanded due to the need for additional development.

The Board has denied the Veteran's claims for higher ratings for PTSD with major depression and service connection for right shoulder, thoracic spine, and lumbar spine disabilities. The issues involving a higher rating for PTSD and service connection for a lumbar spine disability are remanded.

The Veteran's hearing loss claim is denied as there is no evidence of a current disability meeting VA criteria for service connection. The numbness claims are pending and the cervical spine/lumbar spine disability remains at 10%.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing before a Veterans Law Judge at the appropriate Regional Office.

The Board has decided to remand the case for additional development, including obtaining workman's compensation records from 1974 and providing a supplemental statement of the case (SSOC).

The Board has denied the Veteran's claims for increased ratings for allergic rhinitis and sinusitis, finding that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's low back disability was incurred in service and granted service connection for this condition.