Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's back disability and stomach disability are not service-connected, with no presumptive basis for either condition. The evidence does not support a finding of an undiagnosed illness related to his Gulf War service.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back disorder. The Veteran's current low back disability is found to be related to his active military service, and he is granted service connection for this condition.

The Board has granted service connection for a TBI, finding that the Veteran's self-reported motor vehicle accident during active duty is credible and linked to his current symptoms. The remaining claims are remanded for additional development.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective from the date of this decision. The claim for increased ratings for radiculopathy of both lower extremities remains pending.

The Veteran's petition to reopen his claim of service connection for a back disorder has been granted. The Board also found that the evidence is sufficient to grant an initial rating of 100 percent for major depression with PTSD, effective from January 18, 1997.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining vocational rehabilitation records and clarifying his disability retirement status.

The Board has remanded the case for additional development, including obtaining medical records and an updated opinion. The Veteran's claim of entitlement to service connection for a low back disability remains pending.

The Board has reopened the Veteran's claim for service connection of a low back disorder and granted it, finding that new evidence supports the claim. The diagnosis is attributed to having had its onset in service.

The Board has remanded the case due to issues related to reopening a claim for left hip disability and secondary service connection for low back disability. The Veteran's representative raised a claim of clear and unmistakable error (CUE) in a prior RO rating decision, which is intertwined with the new and material evidence issue.

The Veteran's death was not due to a service-connected disability, and the appellant did not apply for accrued benefits within one year of his death. Therefore, the claim for basic eligibility for accrued benefits is denied.

The Board has remanded the Veteran's claims due to insufficient evidence and a need for further examination regarding his service connection claims.

The Veteran's claims for increased ratings for lumbosacral back pain and non-specific gastritis were denied as there was no evidence of ankylosis or other conditions that would warrant a higher rating. The service-connected conditions are well-controlled, with no indication of severe hemorrhages or ulcerated areas.

The Veteran's claims for higher ratings for his service-connected degenerative disc disease of the lumbar spine, degenerative changes at C4-5, radiculopathy of the right thigh, and radiculopathy of the left thigh were denied. The initial rating for degenerative disc disease of the lumbar spine was not granted as high as requested, while the other claims were also denied.

The case is being remanded for further development, including obtaining additional VA medical records and scheduling the Veteran for a VA examination to evaluate his service-connected lumbar spine and thoracic spine disabilities.

The Board has determined that the Veteran's neck, low back, and hip disorders are related to his active service.

The Board has remanded the case for further development due to the need to obtain additional records related to a reported in-service motor vehicle accident.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claim for service connection for a low back disorder is pending.

The Veteran's service-connected lumbar spine disability does not meet the criteria for a TDIU as it is rated at 40% and there are no additional disabilities that would bring his combined rating to 70%. The Board finds that referral for extraschedular consideration is not warranted.

The Veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge. The issues of increased rating for lumbosacral strain, benefits pursuant to 38 U.S.C.A. § 1151 for a heart disorder, and total disability rating based on individual unemployability due to service-connected disabilities are pending.

The Board found that the Veteran's low back disorder, to include degenerative disc disease of the lumbar spine, was not incurred in or aggravated by service and is unrelated to an injury or disease of service origin.