Back / lumbar spine decisions — 2011

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims due to outstanding VA and private treatment records, as well as the need for VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining up-to-date VA treatment records and scheduling the Veteran for appropriate VA examinations to determine the degree of impairment due to urinary retention, left leg sciatica, and lumbar myofascial pain syndrome.

The Board has reopened the claim for service connection for a cervical spine disorder with DDD and granted it, finding that new evidence supports the claim and resolving all reasonable doubt in favor of the Veteran.

The Veteran's service-connected conditions, including his acquired psychiatric disorder and status post left ventral hernia repair, are linked to his exposure to chemicals during Project SHAD. The Board has granted service connection for these conditions.

The Board has determined that the Veteran is not entitled to service connection for bilateral hearing loss or a back disorder, but finds that he currently has tinnitus and it is related to his military noise exposure. Service connection for tinnitus is granted.

The Board found that the Veteran's current low back disorders are not related to his active military service and may not be presumed to have been incurred in service. The November 2008 VA compensation examiner determined that the Veteran's current conditions were less likely than not caused by any injury sustained during his initial period of active duty or due to additional civilian injuries.

The Veteran's claim for an increased initial evaluation in excess of 20 percent for lumbar spondylosis is being remanded due to the need for clarification regarding the nature and frequency of his incapacitating episodes.

The Veteran's claim for an initial rating in excess of 20 percent for thoracolumbar DDD prior to March 6, 2009 was denied. The claim for a TDIU effective date prior to March 6, 2009, was remanded.

The Board has determined that the Veteran's lumbosacral spine disorder is related to his active duty service, granting entitlement to service connection.

The Board found that the Veteran's current bilateral knee, hip, and back disorders are not related to her service-connected left foot disability. The claims for service connection were denied.

The Board has determined that further development of the Veteran's claim is warranted due to incomplete medical opinions and remanded for an addendum opinion addressing specific questions.

The Veteran's claim of entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities has been remanded for additional development, including referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Board has determined that the Veteran wishes to withdraw his claim for service connection for right elbow disability. The case is being remanded for further development of the Veteran's claims for a lumbar spine disorder and increased rating for right knee patellofemoral syndrome.

The Board has remanded the case for further development, including verifying periods of active duty and inactive duty training, obtaining medical records from SSA, and providing updated opinions regarding the onset and relationship of the Veteran's current disabilities to his military service.

The Veteran's claim for an evaluation in excess of 60 percent for his service-connected degenerative disc disease from L3 to S1 with neuropathy of both lower extremities was denied. The Veteran was granted a TDIU rating, and the claim for a temporary total rating beyond June 30, 2003, due to convalescence following surgery was dismissed.

The Board has determined that the Veteran's current low back, neck, and knee disabilities are not causally related to service. The VA examiner found no evidence of a nexus between his current conditions and military service.

The Board found no evidence of a current back disorder within one year after service or for many years thereafter, and concluded that the Veteran's current back disorder is less likely as not caused by his military service.

The Board has remanded the case for additional development regarding the reasonableness of attorney fees awarded to a private attorney in connection with the Veteran's claim for service connection for a low back disability. The appeal is currently pending and will be returned to the Board after further review.

The Board found that the Veteran's service-connected disabilities, including chronic low back pain and recurrent shoulder dislocation, precluded him from obtaining or maintaining substantially gainful employment since April 1996. The effective date for the TDIU was set at April 12, 1996.