Back / lumbar spine decisions — 2011

The appellant's service-connected disabilities are sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and industrial background, warranting a TDIU.

The Board has remanded the Veteran's claim for service connection for a low back disorder due to an in-service injury or calluses on his feet. The case is now pending with additional development required.

The Veteran's service-connected low back disability has been rated at 40 percent since February 14, 2011. The RO granted an increased rating for the disability.

The Veteran's service-connected degenerative joint disease of the lumbar spine was increased to a 40 percent rating effective June 10, 2003.

The Veteran's low back disorder is found to be secondary to his service-connected knee disorders and depressive disorder, and the claim for service connection is granted.

The Board found no evidence of a separate back disability that was incurred or aggravated during service, and thus denied the Veteran's claim for service connection.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral degenerative disc disease is being remanded due to the need for further examination and consideration. The hip disorder claim has been referred to the RO.

The Veteran's appeal is being remanded to schedule a Travel Board hearing before a Veterans Law Judge at the appropriate RO office. The claim for nonservice-connected pension benefits, reopening of service connection for low back disability, and service connection for an acquired psychiatric disorder are all part of this appeal.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues include reopening his claim for neck condition, seeking an earlier effective date for PTSD, and requesting service connection for back condition.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's appeal is being remanded due to the failure to schedule a hearing. The issues of service connection for back condition and hearing loss remain pending.

The Veteran's lumbar spine disability is currently rated at 10 percent, but the VA has determined that a higher rating of 20 percent is warranted based on the severity and symptoms of his condition.

The Veteran's low back and neck disabilities are granted service connection. The appeals for right shoulder and left shoulder disabilities have been withdrawn.

The Veteran's low back disorder is being remanded for additional development, including a VA examination to determine the etiology of his condition and whether it is related to service.

The Veteran's claims for lumbar strain with sciatica, bulimia, hiatal hernia, IBS, GERD, and sleep apnea are denied. The Board finds that there is no evidence of a low back disorder during service or at any time thereafter, and the claimed conditions are not related to his military service.

The Board has remanded the case to the RO for scheduling a videoconference hearing at the RO. The Veteran's claim of reopening his service connection for low back disability is pending.

The Board has granted service connection for a back disability and an acquired psychiatric disorder, including PTSD, anxiety disorder, and major depressive disorder. The claim for increased rating for residuals of fractures of both mandibles is addressed in the REMAND portion.

The Board has determined that the Veteran does not have service connection for bilateral hearing loss, tinnitus, a lumbar spine disorder, erectile dysfunction, a genitourinary disorder, a gastrointestinal disorder, or an upper respiratory disorder. The evidence is against finding aggravation of pre-existing conditions during service.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as he is able to engage in sedentary employment.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.