Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's radiculopathy of the left lower extremity does not warrant a rating in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Veteran's service-connected degenerative disc disease of the cervical spine is rated at 30 percent, effective October 25, 2002. The Veteran seeks a higher rating for this condition.,The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent, effective October 25, 2002. The Veteran seeks a higher rating for this condition.,For the right leg radiculopathy and neurologic manifestations associated with the lumbar spine disability, the Veteran was granted noncompensable ratings prior to May 7, 2009, and entitlement to a compensable rating thereafter.,For the left leg radiculopathy and neurologic manifestations associated with the lumbar spine disability, the Veteran was granted noncompensable ratings prior to May 7, 2009, and entitlement to a compensable rating thereafter.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to her loss of use of one lower extremity.

The Veteran's claim for a higher rating for his low back disability was denied, and the claim for TDIU was also denied. The Board found that the evidence did not show ankylosis (fixation) of the lumbar spine at any time pertinent to this appeal.

The Board has remanded the case due to incomplete verification of the appellant's period of Active Duty for Training (ACDUTRA) or Inactive Duty for Training (INACDUTRA) from October 2-3, 1993. The claim will be further developed with additional attempts by the RO and VA examination if ACDUTRA/INACDUTRA is verified.

The Veteran's appeal is being remanded for further development, including an examination to determine the current severity of her cervical and thoracolumbar spine disabilities.

The Veteran's claim for a higher rating for his low back strain with degenerative joint and disc disease was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes.

The Board has remanded the claims for further development due to insufficient response to private medical opinions and failure to consider lay assertions of continuity of symptomatology.

The Veteran was treated for various conditions during service, but there is no competent evidence of current disabilities or a nexus to service.,There are no current diagnoses and the medical opinions indicate that any diagnosed conditions did not begin in service.

The Board has determined that the Veteran's current low back and cervical spine disabilities are not related to service, as there is no evidence of chronic disability during service or continuity of symptomatology since service. The claims for service connection have therefore been denied.

The Board has granted the Veteran's claim for service connection for a back disorder and reopened his claim for service connection for an acquired psychiatric disorder on the basis of new and material evidence. The appeal is remanded to further develop this claim.

The Veteran's claims for an increased evaluation and TDIU remain pending. The VA has not provided a supplemental statement of the case (SSOC) discussing all relevant evidence, including new medical records and private assessments. Further development is needed to address these issues.

The Board has granted service connection for the Veteran's right knee, left knee, low back scar, and plantar fasciitis of both feet. The claim for increased rating for tinea pedis is also granted.

The Board found that the Veteran did not have a chronic, acquired psychiatric disability including PTSD or any other psychiatric disability that had its clinical onset or is otherwise related to his service. As a result, the claim for service connection was denied.

The Board found that the Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment, thus denying his claim for an earlier effective date for TDIU.

The Veteran's service-connected disabilities do not render him unemployable, as they are rated at 20% and 0%, respectively. The Board finds that the Veteran is not entitled to a TDIU.

The Veteran's claim for service connection for fibromyalgia was denied in October 2001 and is not reopened.,The Veteran's claim for service connection for a low back disorder was denied in March 1999 and is now reopened.

The Board has remanded the case due to the appellant's failure to appear for a requested Travel Board hearing. The case is now pending and will be scheduled for another hearing.

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

The Veteran's appeal is remanded due to the need for a video conference hearing and an effective date prior to July 8, 2009 for TDIU.