Back / lumbar spine decisions — 2012

The Veteran's lumbar strain with Tarlov's cyst has not met the criteria for a higher rating since December 16, 2005.

The Veteran's appeal is being remanded to the RO for further development and consideration of his claim, including consideration of whether staged rating of his disability is appropriate.

The Board found no evidence to support the Veteran's claims for service connection of his back disability, right leg numbness, nerve impairment of toes and right foot, or bilateral hearing loss. The preponderance of the evidence is against these claims.

The Veteran's claims are being remanded due to the need for additional VA examination and treatment records.

The Veteran's thoracolumbar spine disorder is found to be incurred in service, and the claim for service connection is granted. The bilateral hip disorder issue remains pending as it was not addressed in this decision.

The Board has remanded the case for further development due to inadequate opinions from VA examiners regarding service connection claims. The Veteran's low back, gynecological, and psychiatric disorders are at issue.

The Board has remanded the case for additional development due to the Veteran's failure to report for VA examinations and to obtain her up-to-date medical records.

The Veteran's service-connected disabilities do not preclude him from securing and maintaining some form of substantially gainful employment.

The Veteran's low back disability is currently rated at 40 percent, effective August 4, 2004. The claim for an increased rating was denied as the evidence does not support a higher evaluation based on limitation of motion and lack of unfavorable ankylosis.

The Board has remanded the case due to the need to obtain additional medical records and ensure proper development of the claims for service connection for back and left hip disabilities.

The Board has remanded the case for additional development, including obtaining National Guard records and VA treatment records. The issues of service connection for a thoracolumbar spine disorder and TDIU are held in abeyance pending completion of this development.

The Board has determined that additional development is needed to determine the nature and likely etiology of the Veteran's psychiatric disability, as well as his bilateral ankle, left hip, low back, and left shoulder disabilities. The case will be remanded for these purposes.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to determine the nature and etiology of any current incontinence, skin disorder, low back disability, cervical spine disability, and right shoulder disability. The Veteran will be provided with a supplemental statement of the case if any benefits sought remain denied.

The Board has decided to remand the case for additional development, including a new examination and opinion regarding the Veteran's low back disorder.

The Board has determined that the reduction of the Veteran's lumbar spine disability rating from 60% to 10% effective April 1, 2008 was proper.

The Board found that the Veteran's lumbosacral and cervical spine disorders did not have their onset during service or are related to any incident in service, including a parachute jump. Service connection was denied.

The Board has determined that the reduction of the disability rating for low back strain from 40 percent to 20 percent was improper and restored a 40 percent rating effective February 1, 2008.

The Veteran's TDIU claim is granted prior to July 28, 2009. Claims for service connection have been reopened and direct service connection has been established for a left hand disability.

The Veteran's claim for additional compensation for dependent children was granted effective January 1, 1997. However, the effective date for his child C.J., who is identified as a stepchild, cannot be earlier than August 1, 2007.

The Board has determined that the Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine is proximately due to or aggravated by his service-connected shell fragment wounds of the left leg and knee.