Back / lumbar spine decisions — 2012

The Veteran's appeal has been withdrawn and is dismissed as the Veteran has opted to discharge these issues.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative disc disease and neurological impairments of both lower extremities, rated at 40 percent combined, meet the schedular criteria for a TDIU. However, due to his other nonservice-connected conditions such as diabetes mellitus, asthma, obesity, renal cell carcinoma, coronary artery disease, glaucoma, dementia, sleep behavior disorder, and neck disability with radiculopathy, he is unable to obtain or maintain substantially gainful employment.

The Board has determined that further development is required to determine the nature and etiology of the Veteran's current lumbar spine disorder, including whether it was incurred or aggravated during his service with the National Guard.

The Veteran's appeal is being remanded to the RO for additional development of his service-connected low back disability, including obtaining VA treatment records and arranging for a VA examination. The issues of increased rating for lumbar strain with lumbar disc disease and TDIU are pending.

The Board has granted service connection for chronic diarrhea and joint pain, including arthritis of the low back and each shoulder, due to exposure during service in the Gulf War. The Veteran's symptoms are presumed to be related to his military service.

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disability and whether it is related to his in-service injury. The case is therefore being remanded for further action.

The Veteran's initial higher ratings for lumbosacral spondylosis and radiculopathy of the right lower extremity associated with lumbar spondylosis were denied. The current evaluations are found to be appropriate based on the evidence of record.

The Board found that the appellant's lower back disability did not have its clinical onset in service and is not otherwise related to active duty. The claim for carcinoma of the throat and neck was remanded.

The Board has determined that the Veteran's service-connected disabilities, including his low back and bilateral knee conditions, are of such nature and severity as to preclude him from engaging in substantially gainful employment consistent with his educational and occupational background. As a result, the claim for TDIU is granted.

The Board has remanded the case for additional development, including scheduling an examination and obtaining medical records. The Veteran's claims for service connection for low back disorder and left hip disorder as secondary to his service-connected left knee disorder are pending.

The Veteran's lumbar spine disability, right leg tension, and neck tension have not been found to be related to service.,The Veteran's right foot scars are currently rated as non-compensable.

The Veteran's claim for an increased disability evaluation for his low back disability has been granted, effective October 3, 2005. The claim for a TDIU prior to this date remains pending.

The Veteran's claim for an increased rating for his lumbar syndrome with disc degeneration is being remanded due to the need for a VA examination to assess the severity of his disability.

The Board has dismissed the appeal for an increased evaluation and denied the claim for an earlier effective date for a 40 percent rating for chronic lumbosacral strain with associated degenerative arthropathy. The Veteran's low back disability was found to be no more than 20 percent disabling prior to August 4, 2008.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbosacral spine was denied, and his claim for individual unemployability due to service-connected disability is remanded.

The Board denied the Veteran's claims for increased ratings for lumbar spine degenerative arthritis and left lower extremity radiculopathy, finding that the evidence did not support higher initial ratings under the applicable rating criteria.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of service connection for a low back disorder is pending.

The Veteran is seeking a TDIU based on her service-connected back/neck conditions and mood disorder. The RO has remanded the case for further development, including obtaining medical opinions regarding her employability.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his degenerative arthritis in the lumbar spine, and for readjudication of his claims.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his current low back disability, which may be related to service. The issue will then be re-adjudicated.