Back / lumbar spine decisions — 2012

The Veteran's combined rating for service-connected disabilities is 100%, meeting the percentage requirements for a TDIU. However, the weight of medical opinion and other evidence indicates that his service-connected disabilities do not render him unemployable.

The Board granted a higher initial rating of 20 percent for the Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbosacral spine effective April 16, 2009.

The Board denied service connection for postoperative residuals of gallbladder removal and low back disorder, finding no evidence linking these conditions to the Veteran's military service. The claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 was also denied due to lack of new and material evidence.

The Board found that a low back disability was not incurred in or aggravated by active service, nor may arthritis be presumed to have been incurred in or aggravated by service.

The Board has remanded the case for further development and readjudication of the claims due to failure to issue a Supplemental Statement of the Case.

The Board has remanded the case due to incomplete evidence and procedural issues, including a need for additional VA treatment records, private medical records, and Social Security Administration (SSA) records. The Veteran's claims for service connection for a low back disability and an initial rating for bilateral hearing loss are being returned to the RO/AMC for further development.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, and separate ratings of 40 percent each are granted for radiculopathy in both lower extremities.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his service-connected right lower extremity varicose veins and thoracolumbar spine disability.

The Veteran is seeking service connection for bilateral knee, ankle, hip, and low back disorders. The Board finds that further development is necessary to determine the nature of these claims.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board found that his disability does not warrant a higher rating as it does not meet the criteria for a higher evaluation under any applicable diagnostic code.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining relevant medical records. The Veteran's claim of entitlement to an evaluation in excess of 40 percent for his service-connected lumbar spine disability is pending.

The Board found that the Veteran's low back strain existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's claim for service connection for erectile dysfunction is granted.,New and material evidence has been received to reopen the claim of service connection for an eye disorder, and it is now considered. The bilateral blepharitis is found to be due to disease or injury that was incurred in active service.,The Veteran's claim for service connection for a right knee disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a right knee disorder.,New and material evidence has been received to reopen the claim of service connection for a low back disorder, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.,The Veteran's claim for service connection for a sleep disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a sleep disorder.,New and material evidence has been received to reopen the claim of service connection for a disability manifested by multiple joint pains, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.,The Veteran's claim for service connection for a gastrointestinal disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a gastrointestinal disorder.,New and material evidence has been received to reopen the claim of service connection for an innocently acquired psychiatric disorder, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.

The Board has remanded the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, including spondylolisthesis of the lumbar spine with right radiculopathy, chondromalacia of the right knee, recurrent peptic ulcer disease, incomplete paralysis of the right sciatic nerve associated with the lumbar spine disability, and hemorrhoids. The case is remanded for an appropriate VA examination to determine the effects of all service-connected disabilities on his ability to maintain and retain employment, as well as for extraschedular consideration under 38 C.F.R. � 4.16(b).

The Veteran's appeal for service connection of a low back strain has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's TDIU claim was denied as he failed to appear for a scheduled VA examination, and did not provide good cause for his absence.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease, discectomy residuals, right L5 radiculitis, and lumbar spine strain as secondary to the Veteran's service-connected bilateral pes planus.

The Board has determined that the Veteran's bilateral shoulder disorder, back disorder, and joint pain and dysfunction other than back and shoulders are all incurred in or aggravated by service.