Back / lumbar spine decisions — 2012

The Board has remanded the case to the RO for further development and adjudication, including scheduling a personal hearing before a Veterans Law Judge.

The Board has determined that the Veteran's low back disability is not service-connected, and further development is needed to determine if it is related to his right knee condition.

The Veteran's appeal involves the effective date for a TDIU rating, which was granted in July 2006 but with an effective date of October 14, 2008. The Board is now considering whether to grant a TDIU rating prior to this effective date based on evidence showing the Veteran was unemployable due to his service-connected disabilities.

The Board found that the July 1996 rating decision, which denied reopening of a previously denied claim for service connection for a cervical spine disability, was not based on clear and unmistakable error (CUE).

The Board found that the Veteran's low back disability did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's claims for service connection for a low back disorder, epididymitis, and depression have been denied. The claim for compensation under 38 U.S.C.A. § 1151 for a low back disorder resulting from his fall in October 2003 has also been denied.

The Veteran's claim for an increased evaluation for her low back disability, effective November 1, 2007, was denied as the Veteran failed to report for a scheduled VA examination.

The Veteran's appeal has been withdrawn, and her case is dismissed.

The Board has remanded the case due to an inaccurate factual premise in a previous VA examination, and another VA medical examination is needed to clarify the etiology of the Veteran's current low back disability.

The Veteran's service-connected osteoarthritis of the lumbar spine with spurring is currently rated at 20 percent, but the Board finds that it warrants a higher rating due to additional functional loss caused by pain and weakness.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral knee disabilities are related to his service-connected lumbar spine disability. The claim is granted.

The Veteran's combined evaluation of 80 percent for his service-connected disabilities does not meet the criteria for a TDIU rating as they do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to the need to locate the Veteran's service treatment records and obtain any relevant VA outpatient records.

The Board granted service connection for a low back disability effective August 20, 2007. The RO also increased the rating to 20% and added compensation for a dependent (stepdaughter).

The Veteran's claim for a temporary total rating due to service-connected lumbar spine disability is denied, but his request to reopen the previously denied bilateral hearing loss claim is granted.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is being remanded due to additional medical examination and development.

The Board denied the Veteran's claims for service connection for residuals of a cold weather injury to the ears and low back disability, finding that new and material evidence had not been received to reopen the claim for residuals of a cold weather injury to the ears. The low back disability was found not incurred in or aggravated by service.

The Board has ordered additional development due to incomplete VA examinations and the need for further clarification of the Veteran's claims. The appeal is REMANDED.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that they are not related to his service-connected bilateral Taylor bunion disability or service.

The Veteran's lumbar strain is not rated higher than 40 percent, and his left lower extremity radiculopathy was granted a 20 percent initial evaluation effective January 26, 2009.