Back / lumbar spine decisions — 2011

The Veteran seeks service connection for various disorders, including bilateral knee, right shoulder, left wrist, low back, skin, sinus, and ear disorders. The Board finds that additional development is needed to determine the etiology of these conditions.

The Veteran's spine disability is being remanded for a new VA examination to assess the current severity of his condition. The TDIU issue remains in abeyance pending completion of this development.

The Veteran's claim for TDIU is being remanded due to incomplete records and the need for a vocational rehabilitation examination. The RO will obtain any missing Social Security Administration (SSA) records, including those from March 2002 to April 2007, and schedule a VA vocational rehabilitation examination.

The Board denied the Veteran's claims for service connection for a right shoulder disability and a left elbow condition, both claimed as secondary to his service-connected lumbar and cervical spine disabilities. The Board also dismissed the claim for an earlier effective date for his cervical spine disability.

The Board has found that the Veteran's current lower back disorder is related to his service, and thus grants service connection for a lower back disorder.

The Board denied the Veteran's claim for service connection for a low back disability, finding no competent evidence establishing a nexus between his current disability and his active service.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected low back disability and left knee disability, as well as any additional treatment records. The case will be readjudicated after these actions.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete examination reports and failure to obtain all relevant medical records.

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by his military service and denied his claim.

The Board has remanded the case for further development and consideration of the issues, including adjudicating the claim of entitlement to a total disability evaluation based on individual unemployability due to service connected disorders.

The Board found that there was CUE in the May 1972 RO decision, which did not address service connection for spondylolisthesis of the lumbar spine and neuropathy of the right lower extremity. The effective date for the grant of service connection for these conditions is set at March 19, 2004.

The Board denied the Veteran's claim for an effective date earlier than April 28, 2000, for the grant of service connection for a low back disability due to lack of credible evidence showing that he filed such a claim prior to this date.

The Board has remanded the case for additional examination and medical nexus opinions to determine if the Veteran's current low back disability is related to service or to his service-connected left ankle disability.

The Board has remanded the case for additional development due to inadequate rationale in a previous VA opinion and other procedural issues.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and a VA examination to assess the severity of his service-connected low back disability and whether he has any neurologic impairment. The issue of TDIU is also raised by the record.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Veteran's combined rating for his service-connected disabilities (low back syndrome, tinnitus, and left ear hearing loss) is 50%, which does not meet the schedular criteria for a TDIU. The VA examiner found that the Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board has determined that the Veteran's lumbar spine disability is related to his service, including a plane crash in 1944. Service connection for this condition is granted.

The Veteran's radiculopathy (sciatica) has been granted a separate evaluation, but the claim for an increased rating for radiculopathy remains denied.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected low back disability and its impact on his employability.