Back / lumbar spine decisions — 2011

The Board has decided that the Veteran's appeal is remanded due to his failure to appear at a Travel Board hearing. The case will be returned to the Board for further appellate consideration after scheduling a new hearing.

The Veteran's claims for left eye glaucoma, left eye cataract, and low back strain were denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to assess the current severity of his service-connected cervical spine and right hip disabilities, as well as any new right wrist disorder. The Veteran also testified that he has headaches related to his cervical spine disability.

The Board has remanded the Veteran's claims for service connection due to insufficient detail in previous examination reports and a need for additional medical opinions regarding the relationship of his current left foot disability, lumbar spine disability, and any service-connected conditions.

The Board has remanded the case for additional development, including VA examinations to determine the nature and etiology of any chronic right ankle, foot, big toe, low back, hip, and leg disorders found to be present. The Veteran's claims will be readjudicated after the additional evidence is considered.

The Veteran's claim for a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbar spine with sciatica was denied. The appeal is based on the current severity of his condition, which does not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board denied service connection for various conditions, finding that the evidence did not support a link to service or service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before a Board member at the RO in Huntington, West Virginia.

The Board found that the Veteran's sinusitis and allergic rhinitis are not service-connected, as there is no evidence of a current disability. The low back disorder was also denied due to lack of evidence showing its onset in service or within one year after service.

The Veteran's service-connected residuals of compression fracture, T12-L1 with lumbosacral strain and degenerative disc disease are currently rated at 60 percent, the maximum schedular rating available.

The Board has determined that the Veteran does not meet the criteria for service connection for PTSD. The claim of reopening a previously denied back disability is also denied.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined disability rating was less than 70% and thus did not meet the minimum TDIU percentage requirements. The appeal is being remanded for further development.

The Veteran's radiculopathy is associated with his service-connected cervical and lumbar spinal stenosis. His peripheral neuropathy of the upper and lower extremities are not related to his service or any aspect thereof, including his service-connected spinal conditions.

The Board has determined that the Veteran's chronic low back strain does not present an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards, and therefore, entitlement to an extraschedular rating under 38 C.F.R. § 3.321(b)(1) is denied.

The Board has remanded the case due to incomplete examination reports and the need for further clarification on whether preexisting conditions were aggravated during service.

The Veteran's death was caused by cirrhosis of the liver, which is not alcohol-related. The Board found that his use of pain medication for service-connected disabilities contributed to his liver failure and granted service connection for the cause of death.

The Veteran's low back disability has been rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5242. The appeal is denied as there are no additional factors warranting a higher rating.

The Board has remanded the case due to the need to obtain additional medical records and information from Social Security Administration (SSA). The veteran's claim for service connection for a low back injury is currently under review.

The Board has granted the Veteran's application to reopen his previously denied claims for service connection for cervical spine and right shoulder disorders. The underlying issues of service connection for these conditions are being remanded for further development.

The Veteran's service-connected lumbar spine, right shoulder, and knee disabilities are not rated higher than the current 40 percent for lumbar spine degenerative joint disease.