Back / lumbar spine decisions — 2011

The Veteran's TDIU claim is remanded for additional development, including a VA examination to assess the impact of her service-connected disabilities on her employability.

The Board has remanded the case due to the need for an examination and further development of the record, including discussion on pre-existence of a low back disability.

The Board finds that the Veteran's DDD of the cervical and lumbar spine may be related to his honorable service, but cannot determine whether it is due to a specific incident or injury. The claim for service connection remains in a 'mixed' disposition as some issues are granted while others remain unresolved.

The Veteran's claim for an increased evaluation for his lumbosacral strain with degenerative intervertebral disc disease and spinal stenosis of the lumbar spine is being remanded due to a need for additional development, including a VA examination.

The Veteran's claim for an increased rating for lumbosacral DDD and DJD is granted, with a current disability rating of 20 percent. The claim for TDIU due to service-connected disabilities is also granted.

The Veteran's lumbosacral strain with degenerative joint and disc disease has not met the criteria for a rating in excess of 10 percent, as her symptoms do not warrant such an increase.

The Veteran's appeal is being remanded to obtain additional VA treatment records from Memphis, TN in the 1970s, 1980s, and 1990s. The claim will be readjudicated after these records are obtained.

The Veteran's service-connected DJD and DDD with lumbosacral strain and myositis is currently rated at 20 percent, but the Board found that a higher rating was not warranted based on the evidence of record.

The Board has remanded the case for a VA examination to determine if the appellant's low back disability is caused or aggravated by his service-connected left knee disability.

The Veteran's claim for SMC based on the need for regular aid and attendance or housebound status is being remanded due to incomplete VCAA notice, missing VA treatment records, and a lack of comprehensive rating examination.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal.

The Veteran's claim for a higher rating for his low back disability, including herniated disc, is being remanded due to conflicting opinions regarding the presence of neurologic abnormalities and incomplete paralysis. Additional relevant medical evidence has also been added to the claims file.

The Veteran's lumbar spine disability is not rated higher than 40 percent, and his left knee instability warrants a separate 10 percent rating. The claims for increased ratings of the left ankle and hip disabilities are denied.

The Board found that the Veteran's back disability was not incurred in or aggravated by service, nor is it proximately due to his service-connected right knee disability. The weight of evidence does not support a finding that the Veteran's current back disability is related to his service-connected right knee disability.

The Board has remanded the case to obtain additional information and evidence, including SSA records related to disability benefits.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected lumbar spine disability was denied. The Board found that the evidence did not more nearly approximate a finding of intervertebral disc syndrome or unfavorable ankylosis, and there was no exceptional or unusual case warranting extraschedular consideration.

The Veteran's claims for increased ratings and service connection were denied. The left knee chondromalacia was not rated higher than 10 percent, the bilateral hip disability and low back disability were not found to be related to service or a service-connected condition.

The Veteran's lumbar spine disability is currently rated at 10 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds no basis to grant a higher evaluation as there are no findings consistent with incapacitating episodes or neurological manifestations warranting an increased rating.

The VA compensation and pension (C&P) examiner concluded that the Veteran's current low back pain and symptoms are not due to his service, but rather a result of normal wear and tear on his back given his age.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current lumbar disc herniation at L5-S1 is etiologically related to service, and thus grants the claim for service connection.