Back / lumbar spine decisions — 2012

The Veteran's back disability is currently rated at 40 percent, effective from November 23, 2010. His radiculopathy of the right lower extremity remains at a 10 percent rating.

The Board denied the appellant's claims for nonservice-connected death pension benefits and special monthly compensation based on the need for aid and attendance or for being housebound, as her net worth was deemed too high to allow for a grant of these benefits.,For accrued benefits, the Board found that some portion of the corpus of the appellant's estate may reasonably be consumed in order to provide for her maintenance. However, given her current financial situation, she does not meet the net worth eligibility requirement for pension benefits.

The Board has determined that the Veteran's PTSD is incurred in active military service and grants service connection for this condition. The other issues are being remanded for further development.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and conducting examinations.

The Veteran's appeal is being remanded due to the need for further development of his claims, including a VA examination by a neurologist and retrieval of additional VA outpatient records.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to determine if the Veteran's current low back disability is related to service or his service-connected left knee disability.

The Veteran's claim for an increased evaluation for service-connected lumbar disc disease is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's service connection claim for a left knee disability was granted, but the condition is not considered secondary to any service-connected disability. The maximum schedular rating of 10% has been assigned for tinnitus.

The Board has remanded the issues of service connection for lumbar spine disability and higher initial ratings for disabilities of the right and left knees to the RO via the Appeals Management Center (AMC).

The Veteran's claims for increased ratings for lumbosacral pain and neck pain with decreased range of motion of the cervical spine were denied. Service connection for spinal stenosis was also denied.

The Veteran's low back disability is currently rated at 40 percent, effective August 12, 2004. The Board denied an increased evaluation for the low back disability and found that the criteria for a higher rating were not met.

The Veteran's initial claim for a higher rating for his back disability was denied prior to September 26, 2003. As of that date, the Veteran's condition warranted an evaluation in excess of 50 percent. The Veteran was granted TDIU as of September 26, 2003.

The Board has remanded the case to the VA examiner for another review of the record and a supplementary opinion regarding whether current back disability is more likely attributable to service or post-service onset.

The Board found that the Veteran did not have a lumbar spine disorder during service or within one year of separation, and there is no evidence linking any current diagnosis to his military service. The VA examiner concluded that the lumbar spine disorder was due to natural aging rather than service.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for service connection, including VA treatment records, private medical records, employment records, and SSA disability records.

The Board has determined that additional development is needed to determine the nature and etiology of any current back and stomach disabilities, as well as their relationship to service. The Veteran's claims for service connection will be remanded for further action.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled video-conference hearing. The case will be returned to the Board after rescheduling.

The Veteran's appeal is being remanded due to the need for additional service personnel and medical records. The claims will be adjudicated again after these records are obtained.