Back / lumbar spine decisions — 2010

The Veteran is currently gainfully employed and will likely continue to be so in the foreseeable future, making a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) not warranted.

The Veteran's lumbar spondylosis has been rated at 10 percent since June 1, 2005. The RO granted a higher initial rating of 10 percent for the lumbar spondylosis effective June 1, 2005.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining relevant medical records. The Veteran's claim of service connection for a low back disability is pending.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim of service connection for a back disability.

The Veteran's claim for an increased disability evaluation for his service-connected residuals of the 1st and 2nd lumbar vertebrae fractures is being remanded due to insufficient medical evidence to differentiate between symptoms attributable to the service-connected condition and other nonservice-connected conditions.

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

The Veteran's claim for an earlier effective date of July 19, 2006, for the assignment of a 10 percent rating for his service-connected pterygium of the left eye has been granted.

The Veteran's appeal is being remanded for further evidentiary development due to the need for a VA examination of his service-connected low back and left leg radiculopathy disabilities.

The Board has determined that the Veteran's current bilateral hearing loss is not related to his military service, including any noise exposure therein. As such, the claim for service connection for bilateral hearing loss was denied.

The Board has remanded the Veteran's claim for service connection for cervical mycocytes, claimed as neck injury, due to a lack of evidence showing a relationship between his current disability and an in-service injury. The lumbosacral strain with disk protrusion is not considered incurred or aggravated by active service.

The Board has remanded the case due to the appellant's failure to appear for a scheduled video conference hearing. The case will be returned to the RO for further development and consideration.

The Veteran's claims of service connection for residuals of heat stroke and a neck and back disability were denied as there is no evidence to support the presence of these conditions during or within one year after service, and the medical evidence does not establish a link between any current disabilities and her military service.

The Veteran's claims for service connection for back disability, sleep apnea, and hypertension are being remanded due to the need for additional development of evidence.

The Board has determined that the Veteran's current low back disability is related to his active service and grants service connection for this condition.

The Board has remanded the case due to inadequate notice and assistance, as well as incomplete records. The Veteran's claims for service connection are being returned to the RO for further development.

The Veteran's left leg sciatica is etiologically related to his service-connected lumbar spine disability, and the Board has granted service connection for this condition.

The Veteran's low back disorder is related to his military service as a paratrooper. The Board finds that the Veteran has current diagnoses of bilateral hip, leg, ankle, and neck disorders that are more likely than not related to his military service as a paratrooper.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination to assess his unemployability and the effect of his service-connected disabilities on his employability.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria set forth in VA regulations.

The Veteran's appeal is being remanded for further development to determine the etiology of his claimed disabilities, including diabetes mellitus, hypertension, skin disease, vascular diseases, cervical and lumbar spine disorders, and kidney failure.