Back / lumbar spine decisions — 2011

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) has been denied as he does not meet the schedular or extraschedular criteria.

The Veteran's combined disability rating is 50%, which does not meet the schedular requirements for consideration of a TDIU. There is no evidence supporting her contention that her service-connected disabilities preclude her from securing and following substantially gainful employment.

The Veteran's low back disability, diagnosed as degenerative disk disease of the lumbar spine with osteopenia, is at least as likely as not related to service. The Board finds that service connection is warranted.

The Board has determined that the Veteran's diabetes mellitus, back disorder, and bilateral hearing loss are related to service. The claims for these conditions have been granted.

The Veteran's appeal is remanded to the RO for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's appeal is being remanded for further examination and consideration due to the possibility of a material change in his disability status.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling an examination.

The Board has remanded the case due to scheduling issues and will schedule a Travel Board hearing for the Veteran.

The Veteran's generalized anxiety disorder with dysthymic disorder resulted in occupational and social impairment due to mild or transient symptoms which decreased work efficiency, but did not meet the criteria for a higher initial disability rating.,For chronic lumbar strain, the Veteran met the criteria for a 10 percent disability rating based on forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board has determined that the Veteran does not have a current disability of left shoulder, tinnitus, chest condition, abdominal muscle injury with sexual dysfunction, back condition, hamstring condition, or arthritis due to service. The claims are therefore denied.

The Veteran seeks to establish service connection for a herniated disc in his lumbar spine. The Board has determined that further examination and opinion are needed before the issue can be decided.

The Board has reopened the Veteran's claims for service connection for low back and stomach disorders, but a decision on their merits is deferred due to the need for additional medical examination.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to the need for additional development, including obtaining medical records from private and VA providers.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's spondylosis of the lumbar spine has not been characterized by any impairment that would warrant a higher rating under the applicable VA Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for higher ratings for allergic rhinitis, shin splints, and degenerative disc disease of the lumbar spine have been denied. The evidence does not support a compensable rating for any of these conditions.

The Board found that the Veteran's degenerative disc and joint disease of the lumbar spine did not have its onset during service, was not shown to be related to any injury or event in service, and is not proximately due to or aggravated by his service-connected low back strain. The increased rating claim for low back strain was denied as there were no findings of unfavorable ankylosis or neurological manifestations. The TDIU claim was also denied as the Veteran's service-connected disability did not render him unemployable.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service and is not proximately due to or the result of any service-connected disability.

The Veteran's cervical spine disability was not rated higher than 10 percent prior to April 15, 2010.,The Veteran's cervical spine disability is currently rated at 20 percent effective from April 15, 2010.