Back / lumbar spine decisions — 2011

The Veteran's bilateral hearing loss is currently rated as noncompensable since October 5, 2005. The claim for increased ratings for the left femur fracture and lumbar spine disabilities are remanded to obtain additional medical evidence.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining missing records and scheduling a new VA examination.

The Veteran's claims for service connection for low back and leg pain are being remanded due to the need for additional medical opinions. His postoperative ventral hernia remains rated at 40 percent.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection.

The Veteran's service-connected disabilities, including a lumbar spine disability and right and left lower extremity radiculopathies, did not meet the minimum percentage requirements for a TDIU prior to October 3, 2007. The combined rating was 40%, which is below the threshold of 60% required for a schedular TDIU.

The Board found that the Veteran's current low back disability is not related to his service, including the August 1981 injury while on ACDUTRA. The VA examiner indicated that the Veteran's symptoms are more likely due to natural aging and daily activities.

The Veteran's service-connected mechanical low back pain with herniated nucleus pulposus at L3-L4 is currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Veteran's claim for a higher disability rating for his low back pain, paravertebral myositis was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating criteria.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his active duty service and did not manifest within one year of discharge.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and compliance with previous Board orders. The issue of entitlement to TDIU will be reconsidered.

The Board has remanded the case for additional development due to inadequate VA examinations and other issues.

The Veteran's lumbar strain disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on current evidence.

The Veteran meets the legal requirements for VA pension benefits due to his wartime service and permanent and total disability (due to SSA disability benefits).

The Board has granted service connection for cervical and thoracolumbar spine disabilities, finding that the Veteran's current conditions are related to his combat injuries sustained during active service.

The Veteran's low back disability is rated at 40 percent from May 20, 2008 to the present. The claim for an effective date prior to December 16, 2008 was denied as there were no incapacitating episodes of six weeks or more during the past year. The claim for an extraschedular rating and TDIU are remanded.

The Veteran's tinnitus was found to be related to his active service, and he is granted service connection for this condition.

The Board has determined that the Veteran's current upper back disability is not related to his service, and thus denied his claim for service connection.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's service-connected lumbosacral strain, and for consideration of whether a higher rating is warranted.

The Board has determined that the Veteran's back disorder is causally related to his active service, and thus grants entitlement to service connection.

The Veteran's multilevel degenerative disc disease of the lumbosacral spine is rated at 40 percent, effective from the date of this decision.