Back / lumbar spine decisions — 2012

The Veteran's service-connected low back disability is currently rated at 40% as of September 21, 2010. The claim for higher ratings prior to this date remains denied.

The Veteran's claim for a higher disability rating for his lumbar disc syndrome, recurrent low back strain was granted and he is now rated at 40 percent effective from April 13, 2004.,From November 12, 2010, the Veteran's condition warranted an increased rating to 60 percent.,The Board also noted that the Veteran maintained his appeal for a TDIU and remanded this issue.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board is remanding the case to provide a corrected VCAA notification letter and obtain additional information from the Veteran regarding his unit of assignment during claimed periods of in-service hospitalization. The case will be readjudicated after these actions.

The Veteran's service-connected disabilities, excluding his major depressive disorder, did not preclude him from securing and following substantially gainful employment prior to August 10, 2005. As of that date, he is in receipt of special monthly compensation at the level of 38 U.S.C.A. § 1114(s) and 38 C.F.R. § 3.350(i).

The Veteran's service-connected lumbar spine disability was rated at 10% and is now rated at 20%. The claimant's symptoms have worsened, resulting in a higher rating.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, hypertension, right knee disability, sleep apnea, and disabilities of the bilateral hips. The decisions were based on secondary service connection.

The Veteran's claims for service connection are being remanded due to the need for a VA examination to clarify his current diagnoses and obtain medical opinions regarding their relationship to service.

The Board found that the Veteran's current low back disability did not have its clinical onset in service or for many years thereafter and is not otherwise related to active duty.

The Veteran's claims for increased evaluations and a compensable evaluation for her service-connected disabilities are being remanded due to the need for additional development, including obtaining relevant medical records.

The Veteran's claim for an increased rating for his spondylolisthesis of the lumbar spine at L5-S1 is being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal was dismissed because he withdrew his appeal in March 2012.

The Veteran's appeal for service connection for fibromyalgia, chronic fatigue syndrome (CFS), residuals of a lobectomy and pneumonia, bilateral knee disability, low back disability, and cervical spine disability has been granted. She is also awarded a TDIU based on her service-connected disabilities.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for lumbosacral strain prior to July 21, 2009.

The Board denied service connection for various conditions, including sickle cell trait, lumbar spine disorder, kidney disorder, pancreas disorder, bilateral hip disorder, and bilateral arm and shoulder disorders. The decision found that the Veteran did not have current disabilities related to these conditions incurred or aggravated by active service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection are not addressed as they have been referred back to the RO.

The Veteran's service-connected disabilities, including bilateral macular degeneration and major depressive disorder, have prevented him from obtaining and maintaining substantially gainful employment for the time period since January 31, 2008.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death from congestive heart failure.

The Board has granted service connection for the Veteran's degenerative disc disease of the lumbar spine, finding that it is at least as likely as not related to his in-service injury during combat duty. The issue of an initial compensable rating for lung cancer from March 15, 2008, remains pending and will be remanded.