Back / lumbar spine decisions — 2012

The Veteran's claim for a rating in excess of 10 percent for his service-connected low back disability is being remanded due to the need for additional development, including obtaining outstanding VA treatment records and scheduling a new VA examination.

The Board is unable to determine whether the Veteran's degenerative disc disease of the lumbar spine and shortening of the right leg are related to his service-connected right knee disability due to conflicting medical evidence. The appeal is therefore considered mixed.

The Veteran's appeal is being remanded due to incorrect address notification and the need for additional examinations related to his service-connected disabilities.

The Board granted an initial 40 percent rating for lumbar spine degenerative disc disease, spondylosis, and sprain effective January 10, 2011. The other issues were not addressed as they are not part of the appeal.

The Veteran's unauthorized medical expenses for treatment of a service-connected back disability were reimbursed as the treatment was deemed emergent and VA facilities were not feasibly available.

The Board finds that the Veteran's current lumbar spine osteoarthritis with scoliosis is etiologically related to an in-service motorcycle accident, and thus service connection has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations. The issues of increased ratings for his service-connected disabilities and a TDIU rating are also being addressed.

The Veteran's claim for special monthly pension based on the need for aid and attendance is being remanded to obtain additional medical evidence, including records from his attending physician and Social Security Administration (SSA) disability benefits determination. The VA will also schedule a specialized examination to determine if the Veteran requires regular aid and attendance.

The Board has determined that new evidence received since the last final denial does not provide a reasonable possibility of substantiating the claim for service connection for a low back disability.

The Board has determined that new and material evidence has not been received to reopen any of the Veteran's service connection claims, including those for psychiatric disorder, back disorder, stomach disorder, and bilateral knee disability.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for a VA spine examination. The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease and his TDIU claim are both on appeal.

The Board found that the Veteran's Notice of Disagreement (NOD) was not timely filed, and thus denied his appeal for service connection for bipolar disorder, low back disorder, and hearing loss.

The Board has remanded the claims for service connection for cervical and lumbosacral spine disabilities due to outstanding VA medical records that may be pertinent to these matters.

The Board finds that the Veteran's service-connected orthopedic disabilities have met the schedular criteria for TDIU throughout the pendency of this appeal, and therefore grants entitlement to a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for a Travel Board hearing at his local RO. The issues are about the evaluation of chronic lumbosacral strain with spondylosis.

The Veteran's service-connected low back disability was rated at 20 percent effective September 21, 2009. The appeal is denied for higher ratings prior to that date.

The Board denied service connection for left leg and lumbar spine disabilities, finding no current disability in either case. The Veteran argued that his pre-existing conditions were aggravated by active service.

The Veteran's low back disability, not including sciatica of both lower extremities, is currently rated at 40 percent and does not warrant a higher rating as there are no symptoms consistent with pronounced intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO due to the Veterans Law Judge conducting his previous hearing no longer being available.

The Board has granted service connection for depressive disorder with anxiety as secondary to the Veteran's service-connected fibromyalgia and lumbosacral spine disabilities.