Back / lumbar spine decisions — 2011

The Board has determined that a remand is necessary to provide the Veteran with an adequate VA examination and opinion regarding his back disorder, including of the low and middle back. The issue will be returned for further adjudication.

The Veteran's headaches, low back disability, and skin disability are not related to his military service. The Veteran does have a skin disability that is related to his service.

The Board has remanded the case for further evidentiary development, and both the Veteran and his representative were to receive a copy of the September 2011 Supplemental Statement of the Case. The case is now returned to the Board.

The Veteran is unemployable due to service-connected disabilities, and the Board has determined that a total disability rating based on individual unemployability (TDIU) should be granted.

The Board has remanded the case for further development of issues including service connection for back, neck, and right shoulder disabilities. The Veteran's claims are pending.

The Veteran's claim for service connection for a back disability was denied as there is no competent evidence showing the Veteran experienced a coccyx bone fracture during active service, and no current disability has been shown. The claim for an initial compensable rating for left third phalange avulsion fracture remains pending.

The Veteran's claims for service connection for various conditions, including right ear pain, leukoplakia, GERD, bruxism, left knee disability, impingement syndrome of the right shoulder, cervical spine DJD, lumbar spine DJD, hypertension, and erectile dysfunction were denied as there is no current evidence of a diagnosed condition or link to service.

The Veteran's service-connected disabilities render him in need of regular aid and attendance of another person, necessitating the grant of SMC at the aid and attendance rate.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and providing the Veteran with VA examinations to determine the etiology of his claimed conditions.

The Veteran's appeal is being remanded to obtain additional medical records, schedule him for examinations, and review his claims in light of the new evidence.

The Board has determined that the Veteran does not currently suffer from Cushing's Syndrome and her other claimed disabilities are not related to service.

The Board has remanded the case for further development due to procedural issues and need for additional medical examinations.

The Veteran's claim for an initial disability rating in excess of 20 percent for traumatic degenerative changes of the lumbar spine has been remanded due to the need for additional development, including obtaining private treatment records.

The Board has determined that the Veteran's service-connected disabilities are severe enough to suggest he is unable to obtain or retain gainful employment, meeting the criteria for a total rating based on individual unemployability.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service, as there was no evidence of chronic disability during service or within one year post-service. The VA examiner concluded these conditions are unrelated to his service.

The Board denied the Veteran's claims for increased evaluation of his lumbosacral spine disability and service connection for PTSD and depression. The Veteran's lumbar spine disability was rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has denied the Veteran's claims for service connection for a lumbar spine strain and compensation under 38 U.S.C.A. § 1151 for status post operative pneumothorax and pleural effusion (claimed as collapsed right lung).

The Veteran's claim for an increased rating of 70 percent for PTSD has been denied as his symptoms do not meet the criteria for a higher disability evaluation.

The Veteran's appeal for increased ratings for her service-connected thoracic degenerative disc disease, with right rhomboid muscle strain, was granted. Her claim for an increased rating for residuals from in-service bunion surgeries to the great toe and fifth toe of the left foot is still pending.

The Veteran's claims for service connection for an acquired psychiatric disorder and a low back disability were denied. The Board found no evidence of such conditions in service or within one year thereafter, nor could they be linked to the Veteran's military service.