Back / lumbar spine decisions — 2011

The Veteran's service-connected lumbosacral strain and radiculopathy of the left lower extremity have been rated at 40 percent combined, resulting in a TDIU rating.

The Board has granted service connection for the Veteran's low back disorder, finding that his degenerative changes are likely due to injuries sustained during active service. The remaining claims of service connection for bilateral hip arthritis and multiple joint arthritis have been remanded for further development.

The Veteran's lumbosacral spine disability is asymptomatic, and there is no objective evidence that the current clinical findings are attributable to the in-service trauma. As a result, the claim for a compensable rating has been denied.

The Board has determined that the Veteran's vocational rehabilitation training at INSEAD in France was unique and not available in the United States, preventing him from attending due to personal hardship. The criteria for vocational rehabilitation training outside the United States have been met.

The Veteran's PTSD is rated at 50 percent prior to January 9, 2010. Since then, the rating has been increased to 70 percent. The Veteran also meets criteria for a TDIU due to his service-connected disabilities.

The Board has determined that the Veteran does not meet the criteria to establish service connection for any of the claimed conditions, as there is no competent and credible evidence linking them to his military service.

The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not meet the criteria for a schedular rating in excess of 20 percent.

The Veteran's low back disability was not rated higher than 10 percent prior to September 24, 2009 and not higher than 20 percent thereafter.

The Board has remanded the case due to the Veteran's failure to report for a scheduled VA examination and other procedural issues. The claim will be further developed to determine if service connection is warranted for lumbar spine degenerative disc disease and arthritis.

The Board has determined that the Veteran's claims for service connection are not properly adjudicated due to procedural defects and requires further development, including a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and Social Security Administration records.

The Board has remanded the case for additional development, including scheduling a VA spine examination to determine the nature and etiology of the Veteran's lumbar spine disability. The claim will be readjudicated after this additional development.

The Veteran claims service connection for a back disorder that he alleges occurred during his Reserve training in July 1979. The case is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his heart disability and degenerative disc disease of the thoracic and lumbar spine.

The Board has determined that a new VA examination is needed to clarify the nature and likely etiology of the Veteran's claimed lumbar radiculopathy involving the left lower extremity, as well as whether it is related to his service-connected low back disorder.

The Veteran's service-connected lumbar spine disability did not meet the criteria for a higher initial rating prior to June 23, 2008, and does not warrant an increased rating since that date.

The Veteran's claims for increased ratings for his cervical and thoracolumbar spine disabilities, as well as for TDIU due to service-connected disabilities, are being remanded for additional development. The Veteran is also requested to provide the names and addresses of any private or VA medical providers who have provided treatment since November 2009.

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

The Board has remanded the case due to the need for additional examinations and further development of evidence related to the Veteran's low back disability and bilateral hearing loss.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his degenerative disc disease of the lumbosacral spine at L4-5 status post laminectomy. Updated treatment records from the Charleston CBOC will also be associated with the claims file.