Back / lumbar spine decisions — 2011

The Board has remanded the case for further development due to conflicting medical opinions and need for a new VA examination.

The Veteran's appeals for increased ratings for degenerative disc disease of the cervical and lumbar spines have been dismissed as he has withdrawn his appeal.

The RO reduced the Veteran's disability rating for lumbosacral strain with degenerative joint and disc changes from 40 percent to 20 percent, effective April 1, 2007, to June 23, 2009. The reduction was denied.

The Veteran's claim for service connection for residuals of a lumbar spine injury is being remanded due to the need for clarification on his duty status in November 1987 and for a VA examination to determine if any current disability is related to the incident in service.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and he did not meet the requirement of being a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board has determined that the Veteran's back disability and bilateral hearing loss are not related to his active service, and thus denied these claims.

The Veteran's appeal is being remanded due to the need for additional medical records and examinations. The issues of increased evaluation for pulmonary tuberculosis, service connection for chronic obstructive pulmonary disease, lumbar spine disorder, and osteoporosis are pending.

The Board denied service connection for a cervical spine disorder and did not reopen the claim for lumbosacral spine disorder due to lack of evidence.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine. The Board finds that a VA examination is needed to determine if this condition is related to his military service or any other relevant factors.

The Board finds that the overpayment of VA disability compensation benefits was not properly created due to administrative error, and thus there is no valid overpayment. The Veteran's claim for waiver of an overpayment is granted.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge (VLJ). The claims of service connection for various disabilities are pending.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, a back disability, and a right foot disability. The effective date of the temporary total evaluation based on surgical or other treatment necessitating convalescence is also denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a lumbar spine disorder, including as secondary to his service-connected arteriovascular insufficiency of both lower extremities. The appeal is denied.

The Veteran's claim for an increased rating for his degenerative joint disease of the lumbar spine is being remanded due to a need to obtain additional information from Social Security Administration (SSA).

The Board denied the Veteran's claims for service connection for a bilateral foot disability and an increased rating for lumbosacral strain, finding no evidence to support these claims.

The Board denied the Veteran's claims to reopen his service connection for left knee disorder and low back disorder due to lack of new and material evidence.

The Board has remanded the case for additional development, including obtaining VA and Social Security Administration records. The Veteran's claims for hepatitis B service connection and a higher evaluation for his low back disability will be reconsidered.

The Veteran's claim for an increased disability rating in excess of 10 percent for lumbosacral strain with degenerative changes is being remanded due to the need for additional development, including obtaining outstanding VA and private medical records and scheduling a new VA spine examination.

The Board has remanded the Veteran's claims for additional development due to a VLJ no longer being employed at the Board. The Veteran is scheduled for a video-conference hearing.