Back / lumbar spine decisions — 2012

The Board has remanded the case for further development due to incomplete records and need for additional medical examinations.

The Veteran's appeal for higher evaluations for his lumbar spine disability and depressive disorder NOS was denied. The claim for TDIU remains pending.

The Board denied reopening and granting service connection for a lumbar spine disability, but found that the Veteran does not have a cervical spine disability.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The initial ratings for PTSD and degenerative disc disease, cervical spine are under review.

The Board found no evidence of a chronic low back disability related to service and denied the Veteran's claim for service connection.

The Veteran's lumbar spine disability was initially rated at 10 percent effective October 14, 2005. In May 2008, he filed a claim for an increased rating and received a 20 percent rating effective March 12, 2008.

The Veteran's claims for service connection for bilateral leg, ankle, back, and foot disabilities were denied as the evidence did not show that any of these conditions were incurred in or aggravated by active service.

The Board denied the Veteran's claims for higher ratings for his radiculopathy of the left and right lower extremities, as well as a rating in excess of 40 percent for radiculopathy of the left lower extremity. The decision also addressed whether he was entitled to special monthly compensation (SMC) based on the need for aid and attendance due to service-connected disabilities.

The Board has determined that further development is required to determine the etiology of the Veteran's current low back, right ankle, and psychiatric disorders. The case will be remanded for examinations and additional development.

The Veteran's claims for service connection for a bilateral hand disability, left eye disability, and lower back disability were denied as the evidence does not support a finding that these conditions are related to his military service.

The Board has determined that the appeal is REMANDED for further development, including obtaining a VA medical opinion regarding whether the Veteran's service-connected bilateral pes planus contributed to his death and determining if the appellant meets the requirements for an increased rate of pension under 38 U.S.C.A. § 1541(d) based on her need for regular aid and attendance.

The Veteran's appeal is remanded due to the need for additional medical examination and opinion regarding his service connection claim, as well as an increased rating claim. The case will be returned to the Board after further development.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent effective January 12, 2010. His radiculopathy of the left lower extremity remains rated at 10 percent.

The Veteran's service-connected chronic lumbar strain is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5237. The evidence does not support a higher evaluation as there is no indication of unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The Veteran's claims for service connection have been reopened, and new evidence has raised questions about the nature and etiology of his current low back disability. The claim is being remanded to the RO.,The Veteran's claims for service connection have also been reopened, and new evidence suggests that he may have neurological residuals from a head injury in service. The claim is being remanded to the RO.

The Veteran's service-connected lumbar spine muscle strain with degenerative arthritis warrants a 10 percent rating prior to July 23, 2009.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational experience.

The Board has determined that the Veteran's DDD of the lumbar spine, L4-5; sacroiliac joint dysfunction with instability and hypermobility; and right hip and leg disorder are related to his military service. The claims are therefore granted.

The Board has remanded the case due to an improper reliance on a September 2008 VA examination report, and the Veteran's claims for service connection for right knee and lumbar spine disabilities must be addressed with a new VA examination.

The Board has determined that the Veteran's current periodontal disease and low back disorders are not due to disease or injury incurred in or aggravated by his active military service.