Back / lumbar spine decisions — 2012

The Veteran's appeal is remanded for further development, including obtaining Social Security Administration records and scheduling a VA examination to assess the severity of his service-connected lumbar strain. The TDIU claim will also be adjudicated based on the disability ratings assigned.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing before a Veterans Law Judge at his local RO.

The Veteran's claim for a higher rating for his lower back disability was denied, but he was granted TDIU.

The Board has remanded the case for additional development, including verifying the Veteran's training duty and obtaining relevant medical records. The claim will be reconsidered after this additional development.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current level of impairment due to his service-connected lumbar spine disability and referral to the Director of C&P Service for consideration of entitlement to TDIU.

The Board found that the Veteran's current low back disability did not have its onset in service and is not related to his active military service. The VA examiner opined that the current back problems are a direct result of a fall he took at home in 2000, which necessitated a lumbar laminectomy and fusion.

The Board has remanded the case for further development and examination, including a VA examination to determine if the Veteran's current low back disability was caused by a documented injury in service in 1960. The claim of service connection for type 2 diabetes will be developed in accordance with the provisions of the VA Adjudication Procedure Manual, M21-1MR, Part IV, subpart ii.2.C.10.o. Further development is needed to determine if there are other potential causes for the Veteran's current back disability.

The Veteran's appeal is being remanded for a videoconference hearing and issuance of a Statement of the Case on his pending claims.

The Board denied the Veteran's claims for increased ratings for his service-connected knee disabilities, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's lumbar spine disability was increased to a 20% evaluation effective October 14, 2010. His right knee disability remains at a 10% evaluation.

The Veteran's appeal is being remanded for a more detailed accounting of his educational benefits usage and to address the appellant's assertion that he had about 51/2 months of service under Title 10, between 1991 and 1995, that was not considered.

The Veteran's initial evaluation for lumbar strain with osteoarthritis was increased to 10 percent effective the day after his discharge in June 2004, and remains at that level through August 5, 2009. For the period beginning on August 6, 2009, a higher initial evaluation of 20 percent is granted.

The Board has remanded the Veteran's claims for further development due to new evidence and requests from the Veteran's representative. The case will be returned to the RO/AMC for review after additional development is completed.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a low back disability, thus denying the appeal.

The Veteran's claim for a higher rating for his thoracolumbar spine disability was denied, and he is not entitled to compensation for erectile dysfunction due to loss of use of a creative organ. The Board found that the criteria for compensable rating were not met.

The Veteran's lumbar spine disability was rated at 10 percent prior to August 31, 2011 and remains at that level. The right lower extremity neuropathy is rated at 10 percent.,Effective from August 31, 2011, the Veteran's lumbar spine disability has been rated at 20 percent.

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

The Veteran's widow is appealing the denial of service connection for the cause of his death. The appeal is being remanded to obtain additional medical records and to have a VA examiner review the evidence to determine if the Veteran's service-connected PTSD, degenerative disc and joint disease of the lumbosacral spine, or other conditions caused or contributed to his death.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the claims for PTSD, lumbar spine disability, and respiratory disability.

The Board has remanded the case due to the need for additional development, including obtaining service treatment records and a VA examination.