Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded for additional development, including a new VA examination to determine the nature and etiology of her lumbar spine disorder and the current severity of her right hip bursitis.

The Veteran's service-connected disabilities preclude him from securing and following some form of substantially gainful employment, warranting a TDIU rating.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues of service connection for bilateral hearing loss, back disability, right inguinal hernia, and heart condition are pending.

The Veteran's appeal is remanded due to the need for additional development, including obtaining workers' compensation records and scheduling a VA examination.

The Veteran's claim for a TDIU has been remanded due to the need for additional VA treatment records, SSA records, and further extraschedular consideration.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's service connection claims for back and knee disabilities are pending.

The Board has remanded the case due to unreadable evidence submitted on a CD-ROM. The Veteran and his representative are instructed to resubmit the evidence or provide names of facilities holding pertinent records.

The Veteran's service-connected disabilities (low back strain, left lower extremity radiculopathy, and major depressive disorder) render him unable to secure or follow a substantially gainful occupation.

The Veteran has withdrawn his appeals for increased disability ratings related to his service-connected low back disability and left leg radiculopathy.

The Board has remanded the appeal for further development, including obtaining VA treatment records and scheduling a VA examination. The TDIU claim is also being remanded as it depends on the ratings assigned for all service-connected disabilities.

The Board has determined that the appellant's service connection claims for various conditions are granted, with the exception of those involving AWOL offenses. The conditions were incurred or aggravated during active military service.

The Board found that the Veteran's current cervical and lumbar spine disorders are not related to his active service, as they can be attributed to known clinical diagnoses unrelated to any aspect of his military service.

The Board has determined that the Veteran's right hip disorder and back disorder were not incurred in or aggravated by active service, nor may they be presumed to have been incurred due to his service in the Persian Gulf. The claims for service connection are therefore denied.

The Board finds that the Veteran's back disability, including musculoligamentous strain with degenerative disc disease at L5-S1, is attributable to his active military service and grants service connection for this condition.

The Board has determined that the Veteran's lumbar spine disability does not warrant an evaluation in excess of 10 percent prior to May 27, 2011 and since May 27, 2011. The current evaluations are therefore denied.

The Board has granted service connection for residuals of a TBI, ataxia (claimed as vertigo), and headaches. Service connection was denied for back disability.

The Board finds that the evidence is in at least approximate balance as to whether the Veteran has disability of the cervical spine and lumbar spine that is related to active service, including incidents of combat duty. Therefore, service connection for these disabilities is granted.

The Veteran's sinusitis with residuals of sinus surgery is now rated at the maximum schedular evaluation (50%) effective December 2, 2011. The other issues remain denied.

The Veteran's claims for increased ratings for hammer toe and painful callus deformities of the right foot, as well as lumbar strain with degenerative disc disease, were denied by the RO. The appeal is currently pending.

The Veteran withdrew his appeal for increased ratings for chronic low back strain and left lower extremity radiculopathy before the Board could make a decision.