Back / lumbar spine decisions — 2010

The Board has remanded the case due to incomplete development of records and issues related to service connection for various conditions.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded due to the need for additional examinations and development of records.

The Board found no evidence of a current disability related to asthma, low back pain, or hypertension that was incurred in service. The Veteran's assertions were not credible and the temporal relationship between his alleged injuries and symptoms is not supported by the record.

The Veteran's claim for TDIU is being remanded due to the need for additional evidence and a VA examination.

The Board has reopened the claims for service connection for low back disability, right knee disability, and sinusitis. However, it remains unclear whether these conditions are related to military service or if they were caused by other factors.

The Veteran's claims for increased ratings of his spine disabilities and mood disorder were denied. The VA determined that the current disability ratings adequately reflected the severity of the conditions.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Veteran's appeal is remanded for additional development, including obtaining updated VA and private medical records, conducting a VA examination to assess the severity of his service-connected disabilities, and determining whether he is unemployable due to those conditions.

The Veteran's claim for an increased rating for his service-connected lumbar DDD at L5-S1 was denied. The Board found that the evidence did not meet the criteria for a higher rating.

The Veteran's lumbar degenerative disc and joint disease, status post-fracture at L1, L2, and T12, was initially rated as 30 percent from August 10, 2000 to December 29, 2004.,From December 29, 2004, to May 14, 2009, the Veteran's residuals of thoracolumbar vertebrae fractures were rated as 40 percent.,Since May 15, 2009, the Veteran's residuals of thoracolumbar vertebrae fractures have been rated as 50 percent.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for a back disability and hypertension. The Veteran's claim was denied as there is no evidence of a chronic condition during or within one year after his service.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has remanded the case for additional development, including a VA examination and clarification of the Veteran's request for a Travel Board hearing.

The Board has granted service connection for the Veteran's low back disorder, finding that it is aggravated by his service-connected left hip disability. The case is being remanded to assign an initial rating and address the TDIU issue.

The appellant has withdrawn his appeal regarding the service connection for a low back disability, and thus the case is dismissed.

The Board denied the Veteran's petition to reopen his claim for service connection of a chronic low back disorder, finding that new and material evidence was not received. The claims for increased ratings for arthritis in both knees were also denied.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating.

The Veteran's claim for special monthly compensation (SMC) based on the loss of use of a creative organ is denied as she does not have such loss due to service-connected disability.

The Veteran's appeal is being remanded for additional development due to new evidence received since the March 2010 rating decision.