Back / lumbar spine decisions — 2011

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The Veteran's claims of entitlement to service connection for back and right knee disorders are pending.

The Veteran's initial claim for a higher rating for his lumbar spine disability was granted, with a 20 percent rating effective March 15, 2004. The case was remanded multiple times and the RO continued to assign a 20 percent rating until April 1, 2009 when an increased rating of 40 percent was assigned.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of service connection for low back, neck, right knee, left hip, and heat stroke disabilities. The claim is granted.

The Board has remanded the issue of entitlement to TDIU for further development due to a lack of information regarding the Veteran's Social Security Administration benefits.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to evaluate the nature and etiology of her current knee and low back disabilities.

The Board found that the Veteran's lumbar discogenic disease was not incurred in or aggravated by service and is not proximately due to, the result of, or aggravated by any service-connected disability.

The Veteran's increased evaluation claim for his right knee disability was denied. His left knee disability received a 10 percent evaluation, effective May 23, 2006.

The Veteran's appeal is remanded due to the need for a more current VA medical evaluation of his service-connected low back strain with degenerative changes and cervical spine disorders, as well as obtaining all available treatment records from August 2007 to the present.

The Veteran's appeal is being remanded to allow for further development of the record, including obtaining updated VA treatment records and scheduling a VA examination.

The Board denied the Veteran's claims for service connection for hypertension and diabetes mellitus, Type II as there was no evidence linking these conditions to his military service. The claim for a low back disorder was not reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded for a videoconference hearing at the Nashville, Tennessee RO.

The Veteran's lumbar degenerative disc disease was not manifested by thoracolumbar ankylosis or associated compensably disabling chronic neurological symptomatology, and there were no episodes of incapacitation lasting a total duration of at least six weeks during a period of twelve months. Therefore, the claim for higher evaluation is denied.

The Board has granted the Veteran's claim to reopen his previously denied service connection claim for a back disorder, finding that new and material evidence has been received. The case is now remanded for further development including scheduling of a VA examination.

The Veteran's low back disability, characterized by spondylolisthesis and degenerative disc disease, does not meet the criteria for a higher evaluation as his symptoms do not warrant an evaluation in excess of 40 percent.

The Board found that the Veteran's bilateral hearing loss and low back disabilities were not incurred in or aggravated by service, and thus denied both claims.

The Veteran's service-connected chronic lumbar syndrome does not preclude him from securing or following a substantially gainful occupation, and his TDIU claim is denied.

The Veteran is unable to secure or follow a substantially gainful occupation due solely to impairment resulting from his service-connected disabilities, and the Board finds reasonable doubt in favor of this determination.

The Board has determined that the Veteran's lumbar spine disability, including degenerative disc disease and sciatica, is related to his military service as a helicopter pilot. As such, the claim for service connection is granted.

The Board has determined that the Veteran's lumbar degenerative disc disease is related to his active military service and grants the claim for service connection.