Back / lumbar spine decisions — 2011

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further medical examinations.

The Veteran's claims for increased disability ratings for service-connected lumbar spine myositis and bilateral stress fractures are being remanded due to the need for additional examinations.

The Veteran's appeal is being remanded due to a scheduling issue for her hearing. Her claims for service connection and increased ratings are still pending.

The Board has determined that there is no current evidence of a diagnosed bilateral shin splints, bilateral knee disorder, or lumbar spine disorder to support the Veteran's claims for service connection.

The Board finds that the Veteran's service-connected disabilities, including major depressive disorder with alcohol abuse, below the knee amputation of the left leg, degenerative joint disease of the lumbosacral spine, and left hip tendonitis, have rendered him unemployable. The vocational goal of becoming a lawyer has been identified as feasible given his educational background and skills.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination reports and SSA records.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine is granted, with a current rating of 40 percent. Service connection for prostatitis and erectile dysfunction secondary to service-connected back disability are also granted.

The Board has found that the Veteran's lumbar spine disorder is causally related to his active service, granting service connection for this condition.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further development, including a VA examination and medical opinion regarding the Veteran's claimed arm, shoulder, neck, and back disorders.

The Board has remanded the case to obtain additional medical records and for further examination. The Veteran's claims for service connection for low back disorder and right knee disorder are pending.

The Veteran's abdominal scar as a postoperative residual of lumbosacral surgery is not painful, deep, or unstable. It does not cover an area exceeding 6 square inches and therefore does not meet the criteria for a compensable rating under any applicable VA rating code.

The Veteran withdrew the appeal of his claim for an increased evaluation for low back strain with degenerative disc disease before a decision was made.

The Board found that the Veteran's right knee and lower back disorders are not related to his service-connected left knee osteoarthritis, status post medial meniscectomy. The preponderance of evidence does not support a finding of direct service connection for these conditions.

The Board denied the Veteran's claims for service connection for migraines, a psychiatric disability, a right eye disability, a heart disability, and a lung disability. The claim for a back disability was remanded.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional VA treatment records.

The Veteran's claim for a higher rating for his service-connected chronic prostatitis was granted, with the effective date being December 7, 2010. The Veteran is now rated at 40 percent for this disability.

The Veteran's initial rating for degenerative joint disease of the lumbar spine was increased to 20 percent effective September 22, 2008. The other service-connected conditions were not rated higher.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and re-adjudicating the claims.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and addressing the issue of total disability rating based on individual unemployability (TDIU).

The Veteran's low back disability is currently rated at 10 percent, and he has been granted a separate rating for right lower extremity radiculopathy. The Board finds that the current ratings adequately reflect the severity of his service-connected disabilities.