Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's current low back disability may be related to his service, and thus remands the case for further development including a VA examination.

The Veteran's appeal is being remanded due to the need for additional development of his VA treatment records and a determination on whether he qualifies for TDIU.

The Veteran's service-connected lumbar strain is currently rated at 10 percent, and the claim for an increased rating has been granted. The TDIU rating remains pending.

The Veteran's appeal is remanded due to the need for additional medical examinations and records review. The issues of service connection for back disability, headaches, and erosive gastritis are pending.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has reopened the Veteran's claim for service connection for a low back disability, to include as secondary to service-connected knee disabilities. However, additional development is required due to the need for a VA examination.

The Board found no current diagnoses of hypertension, right knee disorder, back disorder, bilateral hearing loss, or tinnitus. The Veteran's service treatment records and post-service medical records do not show any signs or symptoms of these conditions during or after his military service.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and right knee disability, as well as his claim for an increased rating for his left ankle condition. The Veteran's current conditions are not considered to be related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling examinations to assess the severity of his service-connected disabilities, and determining whether he meets the criteria for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for PTSD, lumbosacral strain, and left ankle strain are being remanded due to the need for additional evidence including VA treatment records and SSA disability determination.

The Board has determined that further evidentiary development is necessary before the Board can adjudicate the issues on appeal, including providing the Veteran with additional or corrective VCAA notice and obtaining VA examinations for his low back disorder, sinusitis, and allergic rhinitis.

The Board found that the Veteran's compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a low back injury were not properly severed, and thus restored his compensation benefits. The Veteran is also eligible for assistance in purchasing an automobile or adaptive equipment due to permanent loss of use of both feet, and specially adapted housing due to the loss of use of both lower extremities.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied. The Board found that the predominant disability causing functional impairment in the lower extremities was diabetic peripheral neuropathy.

The Board has determined that the Veteran's degenerative disc disease and spurring of the lumbar spine began during service and is related to an in-service injury, granting service connection.

The Board has decided to remand the case for further development and consideration, including obtaining additional medical records and scheduling a VA examination.

The case is being remanded for additional development, including obtaining VA treatment records and requesting an opinion from a VA examiner regarding the Veteran's claims. The issues of service connection are also being remanded.

The Board has granted higher initial ratings for the Veteran's service-connected degenerative disc disease of the lumbar spine, tendonitis of the left wrist, and tendonitis of the right wrist. The current evaluations are consistent with the criteria set forth in the rating schedule.

The Board denied the Veteran's claims for increased ratings for his right and left elbow disabilities, as well as his claim for service connection for radiculopathy of the bilateral lower extremities.

The Veteran's lumbosacral strain with osteoarthritis and lumbar degenerative disc disease is rated at 40 percent, effective from the date of the decision. The claim for an increased evaluation of chronic acne vulgaris prior to February 8, 2010, and in excess of 30 percent thereafter remains pending.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for additional development, including obtaining VA treatment records and providing an appropriate VA examination.