Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected knee and back disabilities.

The Veteran's claims for increased ratings and service connection were denied. The issues of whether new and material evidence has been submitted to reopen the claim for service connection for a right shoulder disorder, and entitlement to an extension of a temporary total rating beyond June 1, 2009, are also addressed.

The Board has granted the Veteran's service connection claim for a chronic lumbar and thoracic strain, finding that his current condition is related to his active duty military service.

The Veteran's claim for an initial evaluation higher than 20 percent for degenerative disc disease of the lumbar thoracic spine is being remanded due to incomplete records from Mid-America Physical Therapy and Select Physical Therapy with James Heeter, Physical Therapist. Additional development including obtaining treatment records will be conducted.

The Board has remanded the case for additional development due to incomplete examination reports and issues related to service connection.

The Veteran's appeal is being remanded for further development due to his failure to appear for scheduled VA examinations. The case will be returned to the Board after additional evidence and examination results are obtained.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been denied as he is not shown to be unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for increased ratings, a temporary total rating due to hospitalization, and TDIU are being remanded as additional evidence has been added to the record.

The Board denied service connection for a low back disability and PTSD, finding that the Veteran did not engage in combat with the enemy and there is no credible supporting evidence of his claimed stressors. The current disabilities are not related to active duty service.

The Veteran's claim for a higher rating for his lower back disability was granted, and he is now rated at 30 percent from November 10, 2003. The claim for TDIU remains pending.

The Veteran's service-connected disabilities do not prevent him from securing or retaining substantially gainful employment, and his current job as a welder does not qualify as marginal employment.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for a back disorder prior to the Board's decision.

The Board has determined that the Veteran's back disorder is not related to his service-connected right and left knee disabilities, nor did it manifest during or as a result of active military service. Therefore, service connection for a back disorder is denied.

The Veteran's low back injury with L5-S1 degenerative joint disease has been rated at 20 percent since April 13, 1999. The current rating is the maximum available for this condition.

The Veteran's claims of entitlement to service connection for low back disability, upper back disability, and traumatic arthritis are being remanded due to the need to request additional service treatment records related to his period of service in the Reserves. The claim for special monthly pension based on need for the regular aid and attendance of another person and/or housebound status is also being remanded.

The Veteran's appeal is being remanded for additional development to obtain updated medical records and for a VA examination to assess the current severity of his service-connected disabilities, including degenerative joint disease of the lumbar spine and S1 radiculopathy with weakness of the right foot dorsiflexors.

The Board has determined that the Veteran's irritable bowel syndrome and low back disability are related to service, with the exception of her low back disability which is not directly linked. The Veteran's irritable bowel syndrome was found to have its clinical onset in service, while her low back disability did not have its clinical onset in service.

The Veteran's service-connected disabilities, including shrapnel wounds and posttraumatic stress disorder (PTSD), rendered him unemployable for the period from July 1, 2008 to October 28, 2008. The Board has granted a TDIU during this time.

The Board has determined that the case should be remanded for further development to determine if the Veteran has separate upper back and shoulder disabilities related to his service.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound was denied as he does not meet the criteria for either condition.