Back / lumbar spine decisions — 2011

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any lumbar spine disorder, including scoliosis. The Veteran's claim will be readjudicated after this additional development.

The Veteran's low back disability, including associated neurological manifestations, is rated at 50 percent. The psychiatric disability is also rated at 50 percent and the TDIU claim is granted.

The Board has determined that the Veteran's cervical spine disorder was not incurred or aggravated during active service and cannot be presumed to have been incurred due to exposure to environmental factors. The claim is denied.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a lumbar spine disorder. The effective date of these grants is not specified as they are direct determinations based on the merits of the claims.

The Board has granted service connection for PTSD with depression. The claims for low back disorder, sleep apnea, and unspecified pulmonary disorder are remanded for further development.

The Board has remanded the claims due to incomplete medical records and inadequate examination for service connection of back, right knee, and left knee disabilities. The Veteran's claims are being returned for further development.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right ankle disability and a lumbar spine disability. The Veteran now has current diagnoses of these conditions, which raises a reasonable possibility of substantiating their claims.

The Veteran's lumbar spine disability and left foot radiculopathy are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence.

The Board found no evidence of a chronic low back disorder in service and denied the Veteran's claim for service connection.,Regarding fatigue, there is insufficient evidence to establish whether it was incurred during active duty or related to any service-connected condition.

The Veteran is entitled to a TDIU for the period since May 19, 2010 due to his service-connected disabilities. The issue of entitlement to a TDIU prior to that date is moot as he has been in receipt of a temporary total rating for prostate cancer.

The Veteran's service-connected lumbar spine disability did not meet the criteria for a higher initial rating of 40 percent, as it did not result in forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks.

The Board has granted service connection for various conditions, including prostate enlargement, allergic rhinitis, adjustment disorder, right shoulder impingement syndrome, lumbar strain myositis, tinnitus, and a papulovesicular skin rash. Service connection was denied for chest disability, left shoulder disability, stomach disability (undiagnosed illness), insomnia, dizziness, tiredness, night sweats, and psychiatric disorder (undiscovered illness).

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is in equipoise to warrant a finding that these conditions are etiologically related to service. The Veteran's back/neck disorder and peripheral neuropathy of the upper extremities (claimed as carpal tunnel syndrome) require further development.

The Board has determined that additional substantive development is necessary prior to further appellate review of the claims for service connection for low back and cervical spine (originally claimed as a neck disorder), Achilles tendonitis of both ankles, and sinusitis.

The Veteran and the appellant were legally separated for the entire period on appeal prior to August [redacted], 2009, when their divorce became final. The Veteran has been in receipt of service-connected disability ratings for his low back disorder, left knee disorder, irritable bowel syndrome with hiatal hernia, right knee disorder, and left wrist disorder. The appellant was not entitled to an apportionment of the Veteran's VA compensation benefits due to her reasonable discharge of support responsibilities.

The Veteran's appeal concerning the issue of entitlement to an increased rating for a lumbar spine disability has been withdrawn. The claim for an increased initial rating for left leg sciatica is remanded for additional development.

The RO severed service connection for the Veteran's low back disability as it was determined to be a result of clear and unmistakable error in the original grant.

The Veteran's claims for service connection for a left shoulder disorder and a back disorder, claimed as secondary to the left shoulder disorder, are being remanded due to the need for additional development of his medical records.

The Board has scheduled a Travel Board hearing for the Veteran to address her claims of service connection for various conditions. The appeal is currently in remand status due to scheduling issues.

The Board has determined that additional development of the claims, including verification of stressors and obtaining private medical records, is necessary before a final decision can be made on the service connection claims.