Back / lumbar spine decisions — 2011

The Veteran's appeal is remanded for a VA examination to determine if his current back disability had its onset during active service or is related to an in-service fall from a truck with documented left hip pain. The case will be returned to the Board for further consideration.

The Veteran's appeal is being remanded to the RO for review of additional evidence submitted directly to the Board, and for readjudication of his claims of service connection for multiple cardiovascular disabilities and entitlement to a disability rating greater than 10 percent for chronic low back pain with sacroiliitis.

The Board has determined that the Veteran's low back strain with DJD does not warrant a higher initial rating, and his cervical spine DJD prior to August 18, 2010 is also rated at 20 percent. The issues of left elbow and right elbow DJD are not addressed as they were granted service connection in an October 2010 rating decision.

The Veteran's claim for a TDIU was denied because he failed to report for a scheduled VA examination without showing good cause, and the claim is therefore adjudicated as denied.

The Veteran's appeal regarding earlier effective dates for service connection and TDIU was dismissed as the issues were withdrawn. The claim for an earlier effective date for TDIU is denied.

The Veteran's low back disability was rated at 20 percent prior to February 11, 2009 and increased to 40 percent effective from that date. The current rating is based on the severity of his symptoms.

The Board has granted the Veteran's petition to reopen his claim for service connection for a lower back disability, based on new and material evidence.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 10 percent, and there are no additional issues related to this condition that warrant a higher rating. The issue of a separate compensable rating for paresthesia associated with his lumbar spine disability remains unresolved.

The Board has determined that the Veteran's low back disability did not have its onset during service and is not related to any in-service disease or injury. The evidence does not support a finding of service connection for this condition.,There is no competent medical evidence showing that the Veteran currently suffers from right ear hearing loss, as his current hearing loss was first noted many years after service.

The Board denied service connection for any acquired psychiatric disorder, including PTSD. The Veteran's claim was not reopened.,The Board denied service connection for residuals of a neck injury and back disability. The Veteran's claims were not reopened.

The Veteran's claim for an increased rating and temporary total rating due to hospitalization is denied as his service-connected low back disability does not meet the criteria for a higher evaluation.

The Board has denied the Veteran's claims for service connection for cervical spine and lumbar spine disorders. The Veteran's PTSD claim is pending, with increased evaluations being addressed in a separate remand.

The Veteran's thoracolumbar degenerative disc disease is now rated at 20 percent effective July 25, 2006. The other issues on appeal are dismissed.

The Board has determined that further development of the evidence is required before the claims can be adjudicated. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Veteran's service-connected lumbar sprain disability is currently rated at 20 percent since December 21, 2009. The Board finds that the evidence does not support a higher rating prior to or since this date.

The Veteran is seeking service connection for degenerative disc disease of the cervical spine with cervicalgia and headaches. The Board has determined that additional development, including obtaining MEB records and VA examinations, is necessary to determine if these conditions are related to his military service.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that this rating is not warranted based on the evidence of record.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's appeal is remanded for further development, including scheduling VA examinations and obtaining treatment records.

The Veteran's appeal is being remanded due to the need for additional examinations and records, as well as the issuance of a statement of the case on several service connection claims.