Back / lumbar spine decisions — 2012

The Veteran has withdrawn his appeals for higher ratings for low back disability, tinea versicolor, and paresthesia of the left lower extremity. As a result, the Board dismisses these claims.

The Board has determined that the Veteran's low back disorder is not related to his service and denied his claim.

The Board has determined that the Veteran's service-connected lower back disability does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's service-connected disabilities have rendered him unemployable since December 11, 2009. The claim for a TDIU is granted.

The Board has dismissed the Veteran's appeal regarding his claims of entitlement to service connection for a chronic back disability, a chronic left and right hip disability, a chronic gastrointestinal disorder, and a chronic ophthalmological disorder (claimed as primary open-angle glaucoma). The claim of entitlement to an earlier effective date for PTSD is being remanded.

The Board has decided to remand the case for further development and consideration of the service connection claim for a low back disability.

The Board has determined that the Veteran's back disability and gastrointestinal disorders are not related to his military service.

The Veteran's appeal is being remanded to obtain additional medical records, provide examinations for her service-connected conditions, and adjudicate the claim for an earlier effective date.

The Veteran's service-connected lumbar spine degenerative arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted. The Veteran's migraine headaches are rated as 30 percent disabling since January 16, 2008, with no higher ratings allowed.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is appropriate given his current range of motion and lack of incapacitating episodes. A separate rating for mild chronic left L5 radiculopathy has also been granted.

The Board found no evidence of a diagnosed lumbar spine disability or allergic rhinitis during service, and the current conditions are not related to active service.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with an adequate VA examination to determine the etiology of his current low back disability.

The Veteran's TDIU claim is being remanded for additional development as the current assessments do not adequately address the impact of her service-connected disabilities on her ability to secure or follow a substantially gainful occupation.

The Board finds that the Veteran does not have a current disability related to his active service, and therefore, entitlement to service connection for an acquired psychiatric disorder is denied.

The Board has decided to remand the Veteran's claim for service connection due to insufficient evidence regarding her lumbar spine disability and bilateral flank pain. The case will be reviewed on the merits after obtaining additional medical records.

The Veteran withdrew his appeal regarding the claims for increased initial ratings for lumbosacral degenerative disc and joint disease (exceeding 20 percent) and left ankle degenerative joint disease (noncompensable).

The VA has denied an extra-schedular rating for the Veteran's service-connected chronic lumbar strain with degenerative disc disease, finding that the available schedular evaluations are adequate and there is no evidence of marked interference with employment or frequent periods of hospitalization due to this disability.

The Board granted an increased rating of 10 percent for radiculopathy of the right lower extremity prior to August 4, 2009.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and lack of recent medical records.

The Veteran's low back disability was found to not meet the criteria for a rating greater than 40 percent, with the current assigned rating of 40 percent being denied.