Back / lumbar spine decisions — 2012

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including an examination and consideration of all his service-connected disabilities.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings for his right and left knee disabilities were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.

The Board has granted service connection for degenerative disc disease, degenerative arthritis, and spinal stenosis of the lumbar spine as secondary to service-connected right knee and left knee disabilities.

The Board has reopened the Veteran's claim of entitlement to service connection for a back disorder and finds that new and material evidence has been received. The claim is now reviewed on its merits.

The Board has granted a higher rating of 70 percent for PTSD, effective from the date of the grant of service connection. The Veteran's PTSD is currently productive of occupational and social impairment with deficiencies in most areas.

The Board has reopened the claim of service connection for a low back disability and granted a 70% rating effective from August 14, 2006. The Veteran's TDIU is also granted with an earlier effective date of May 6, 2010.

The Board has remanded the Veteran's claims due to his request for a hearing before a local RO member. The claims are now pending with the St. Petersburg, Florida, RO.

The Veteran's low back disability is service-connected and rated at 10 percent prior to August 26, 2009. After that date, the rating was increased to 20 percent.

The Veteran has withdrawn his appeals on the issues of increased evaluations for headaches, low back disorder, and a compensable evaluation for right Achilles tendon reconstruction residuals. The Board is dismissing these claims.

The Board has determined that additional development is needed to obtain medical records and ensure a complete record for the Veteran's claims. The Veteran's right hip and lumbar spine disabilities are at issue, with an initial rating in excess of 10 percent sought.

The Veteran's low back disability is rated at 40% effective August 13, 2009. The Board granted her TDIU effective that date as well.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's claimed low back, bilateral knee, bilateral ankle, right foot, and bilateral hip disabilities were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's low back disability is related to service, and therefore grants service connection for this condition.

The Board has determined that the Veteran's right and left knee disabilities, as well as his lumbar disc herniation with degenerative arthritis, were not incurred in or aggravated by active duty. The disabilities are also not service connected on a secondary basis to any service-connected conditions.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbar spine condition required complete bed rest for 6 weeks during a 12-month period from August 3, 2007 to June 15, 2010. Prior to this period and after it, the disability did not meet the criteria for a rating in excess of 40 percent.

The Veteran's claim for an effective date earlier than April 17, 2001, for the grant of service connection for his lumbar spine disorder was granted. The effective date is set at October 6, 1975.

The Board has remanded the case for additional development due to the Veteran's failure to report for a VA examination. The claims of service connection for back and neck/shoulder disabilities are pending.