Back / lumbar spine decisions — 2011

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. However, the claim remains denied as there is no current disability related to active service.

The Board denied the appellant's claim for a temporary total disability evaluation due to his service-connected lower back disability, as he did not undergo surgery or immobilization.

The Veteran's claim for increased ratings for his lumbar strain and right knee disabilities was denied. The RO reduced the Veteran's ratings from 20% to 0%, effective February 1, 2008, and then later increased them back to 10%. The current rating of 10% is maintained.

The case is being remanded for additional development, including obtaining medical records from the Veteran's terminal hospitalization and addressing whether his service-connected hypertension contributed to his cause of death.

The Board has determined that the Veteran's low back strain with degenerative disc disorder warrants a 20 percent disability rating, effective from March 1, 2008.

The Board has determined that additional evidence is needed to evaluate the Veteran's claims, including mental health treatment records and a VA examination for his service-connected depression. Additionally, another VA examination of the Veteran's low back disability is required due to the lack of recent evaluation. The TDIU claim will also be remanded.

The Board has determined that the Veteran does not have a current back disorder or left knee disorder, and thus service connection for these conditions cannot be granted.

The Veteran's cervical spine disability is evaluated at 30 percent, the maximum schedular evaluation based on limitation of motion. His lumbar spine disability has been rated as 20 percent disabling throughout the appeal period. The Board denied all issues related to service connection and evaluations.

The Board has determined that the Veteran's cervical and lumbar spine disabilities had onset in service or were caused by his active military service, granting service connection for these conditions.

The Board has determined that the Veteran's low back disability is related to her service, and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for myofascial lumbar syndrome and for nonservice-connected pension benefits. The Board found that the current myofascial lumbar syndrome was not related to service, as the symptoms resolved in service. For pension benefits, the Veteran did not meet the percentage requirements based on his disabilities but was found unemployable due to age, education level, and other factors.

The Board found no evidence linking the Veteran's current low back disorder to his service, including a fall from a window. The claim for service connection was denied.

The Board has remanded the case for additional development to obtain service treatment records and workers' compensation records, as well as VA medical records. The Veteran's claims for service connection for low back disorder and bilateral foot/heel disorder will be reconsidered based on the new evidence.

The Board has reopened the Veteran's claims for service connection for low back disability and pes planus, but these claims are now remanded to obtain a medical opinion regarding the etiology of these conditions.

The Board has granted service connection for degenerative disc disease of the cervical and thoracic spine, finding that these conditions are related to service. The Veteran is now entitled to a 20% evaluation for each condition.

The Board finds that the Veteran's low back disorder is related to his service, granting service connection for this condition.

The Board has determined that additional development is needed and the case is being remanded to the RO for further action.

The Veteran's appeal is being remanded due to the need for clarification regarding his hearing preferences. The case will be returned to the RO for further action.

The Veteran's appeal is being remanded to obtain clarification on whether his lumbar spine disorder is secondary to his service-connected bilateral plantar fasciitis, and to provide him with notice of how to substantiate a claim for service connection on a direct basis.

The Veteran's appeal for increased ratings and TDIU was denied. The case is now remanded to the AOJ for referral to VA's Director of Compensation & Pension Services (C&P) for consideration of entitlement to a total disability rating based on individual unemployability under 38 C.F.R. § 4.16(b).