Back / lumbar spine decisions — 2010

The Veteran's claim for a total rating based on individual unemployability due to service-connected disability is being remanded for additional development of the record, including obtaining his vocational rehabilitation and counseling folder.

The Board has granted restoration of a 100 percent rating for service-connected residuals of a lumbar spine fusion, which constitutes a complete grant of the benefit sought on appeal with respect to this issue. The Veteran's claim for discontinuation of SMC remains pending and requires further development.

The Veteran's TDIU claim is being remanded for extra-schedular consideration due to his service-connected disabilities, which render him unable to work.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination of his service-connected PTSD and completing additional development on the other issues.

The Veteran's chronic lumbar back pain syndrome was granted a 60% evaluation effective March 2, 2004. His duodenal ulcer disease is not considered for an increased rating as it has no current disability.

The Veteran's claim for a higher rating for his service-connected low back disability (lumbosacral strain) was denied by the Board, as the evidence did not meet the criteria for a rating higher than 20 percent.

The Board denied an initial schedular evaluation in excess of 40 percent for the Veteran's service-connected fibromyalgia with headaches, sleeplessness, fatigue, and diffuse multiple joint pain. The issue of whether separate ratings for individual joint disabilities are warranted was also denied.

The Board has determined that the Veteran's current low back disability is as least as likely as not caused by or a result of an in-service fall, and service connection for this condition is granted.

The Board found no evidence of a chronic back disability in service and denied the Veteran's claim for service connection.

The Veteran seeks service connection for a lumbosacral strain with degenerative disc disease (lumbar spine disorder). The Board has determined that additional development is necessary to determine the nature and etiology of his lumbar spine disorder.

The Board has determined that the Veteran's current back disorder is a result of his military service and grants his claim for service connection.

The May 1972 rating decision assigned initial ratings for the Veteran's conditions, but did not address earlier effective dates or CUE. The Board found no CUE and denied claims for earlier effective dates.

The Veteran's claims for increased ratings and service connection were denied. The initial noncompensable rating assigned for scar tissue of the left foot is upheld, as the evidence does not show any limitation of function or instability.

The Board has determined that additional development is needed to fully evaluate the Veteran's claims, including obtaining service treatment records and scheduling appropriate examinations.

The Board has determined that the Veteran's low back disability had onset in service or was caused by his active military service, including his service-connected neck disability and lipoma. The claim for genital herpes is addressed separately.

The Veteran's appeal is remanded due to the need for a more contemporaneous medical examination and additional VA treatment records.

The Veteran's claims for service connection for cervical spine and mid-to-low back disabilities are being remanded due to the need for a new VA examination to determine their etiology, as well as obtaining additional medical records.

The Veteran's claim for an increased rating for residuals of a left clavicle fracture with deformity was denied. The Board found that there is no current diagnosis of a back disorder, and thus service connection for the back disorder cannot be granted.

The Board denied the Veteran's requests to reopen her claims for service connection for a lumbar spine disability and an acquired mental disorder, as well as her claim for compensation under 38 U.S.C.A. § 1151 for aggravation of a heart disorder. The Board found that new evidence did not raise a reasonable possibility of substantiating the claims.

The Board has reopened the Veteran's claim for service connection for a low back disorder and found that new and material evidence has been received. The case is now remanded to obtain VA treatment records, conduct an examination, and readjudicate the claim.