Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of the new evidence received.

The Board has remanded the case due to missing test results from a VA hospital regarding alcohol and drug screening of the Veteran, which may be relevant to determining if substance abuse contributed to his death.

The Board has remanded the case for additional development, including obtaining medical records from a private chiropractor and the United States Postal Service.

The Board is remanding the claim to the RO for further development and consideration due to unresolved factual questions regarding service connection for a low back disorder. The appellant must provide evidence of a pre-existing condition or establish that his current condition was aggravated by service.

The Board has determined that the appellant's service-connected disabilities are of sufficient severity to prevent her from engaging in and retaining substantially gainful employment, thus granting TDIU.

The Board has determined that further development is required, including obtaining the Veteran's Social Security Administration records and a VA examination to determine if his service-connected disabilities render him unemployable. The case will be returned for further appellate review.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining Social Security Administration records and a VA examination.

The Veteran's claim of entitlement to service connection for various conditions was received on December 20, 2007. The appellant seeks accrued benefits based on this claim, but the Veteran died before the next month and thus there is no potential for an award.

The VA denied the Veteran's claims for increased evaluations for his cervical spine and low back strain disabilities, finding that there was no evidence of forward flexion of the cervical spine or thoracolumbar spine meeting the criteria for a higher evaluation under the applicable rating schedule.

The Board is remanding the claim to the RO via the Appeals Management Center (AMC) in Washington, DC due to additional evidence that needs to be obtained before deciding this appeal.

The Veteran's lumbosacral degenerative joint disease is found to be aggravated by his service-connected left knee disability, and thus secondary to a service-connected condition.

The Board has remanded the case due to the need for more recent records, specifically a VA bone scan from October 2005. The Veteran's claim of service connection for a low back disability with radiculopathy is being reviewed.

The Board has determined that the Veteran's bilateral hand and low back pain are at least partially a manifestation of undiagnosed illness or qualifying chronic disability, warranting presumptive service connection.

The Board has denied the Veteran's claim for non-service-connected disability pension due to his failure to cooperate and provide necessary information, including failing to report for scheduled VA examinations.

The Board has denied the Veteran's claims for service connection for bilateral shoulder and low back disabilities, finding that there is no credible evidence of a continuity of symptoms since service and noting that any current conditions are not related to military service.

The Veteran's appeal is being remanded for additional development, including VA examinations and a review of the claims file to determine his current disability ratings and whether he is unemployable due to service-connected disabilities.

The Board has granted a disability rating of 40 percent for lumbosacral strain from February 16, 2010 through November 2, 2010. The Veteran's claim for service connection for PTSD remains pending.

The Veteran's service-connected disabilities (mechanical low back pain and right leg radiculitis) prevent him from obtaining or maintaining substantially gainful employment, and the Board finds that a TDIU is warranted.

The Board found that the Veteran's respiratory, back, and hip disorders are not related to his period of service or exposure to asbestos. The claims were denied as there was no evidence supporting a direct relationship between these conditions and his military service.

The Board has determined that there is a nexus between the Veteran's current lumbar spine disability (dextroscoliosis) and service, granting service connection for this condition. The claim for PTSD remains pending as an examination was not conducted due to the Veteran's failure to report for the scheduled VA psychiatric examination.