Back / lumbar spine decisions — 2012

The Board has remanded the case due to insufficient detail in the VA examination report and the need for additional private treatment records from Dr. Hinders.

The Board has determined that additional development is needed to determine the nature and likely etiology of the Veteran's claimed lumbar spine disorder, including reviewing his service treatment records and obtaining a VA examination.

The Veteran's combined rating for service-connected disabilities is 100%, which meets the criteria for a TDIU rating. The evidence shows that his service-connected conditions have prevented him from securing and following a substantially gainful occupation.

The Veteran's TDIU rating was granted effective January 14, 2009. The Board denied an earlier effective date.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including VA examinations.

The Board finds that the Veteran does not have a low back disability due to any incident of her service and therefore, the claim for service connection is denied.

The Board has remanded the case due to an inadequate examination report, and the Veteran's claim for service connection for a neck disorder is being returned to the AOJ for further development.

The Board has determined that a rating in excess of 40 percent for the Veteran's lumbar spine disability is warranted since May 20, 2011.

The Board has determined that the Veteran does not have a lumbar or cervical spine disability as a result of disease or injury incurred in service, and arthritis may not be presumed to have been incurred during service.

The Board found no evidence of a low back or right ankle disability that manifested in service, or within one year thereafter, and determined that the Veteran's current conditions are not causally related to his military service.

The Veteran's lumbar spine disorder is currently rated at 20 percent disabling, but the Board finds that a higher evaluation is not warranted.

The Veteran's lumbar strain is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and therefore does not meet the criteria for an evaluation in excess of 20 percent.

The Board has determined that the Veteran's current low back disability is not related to his active service and has denied his claim for service connection.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board denied the Veteran's claims of service connection for cervical spine disability, lumbar spine disability, abdominal muscle injury and abdominal adhesions, as well as a higher rating for his duodenal ulcer. The reasons were that there was no evidence linking these conditions to service or secondary to his service-connected left knee disability.

The Veteran's PTSD is currently manifested by total occupational and social impairment due to gross impairment in communication, with daily suicidal ideation with history of suicide attempts which, when coupled with extremely poor impulse control, results in his being in persistent danger of hurting himself.,A 70 percent initial evaluation for PTSD was granted effective December 8, 2007. The Veteran's DDD of the lumbar spine is currently rated at 10 percent prior to March 4, 2011 and 20 percent thereafter.

The Veteran's appeals of increased rating for diabetic retinopathy, service connection for low back disability, and service connection for right knee disability have been withdrawn by his representative.

The Board has remanded the Veteran's claims for low back and neck disabilities due to incomplete examination reports, lack of relevant medical records, and need for further development.

The Veteran's service-connected left lumbar spine condition, post-laminectomy and discectomy at L4-L5, is not manifested by unfavorable ankylosis or incapacitating episodes of six weeks duration. Therefore, the criteria for a higher evaluation are not met.

The Board found no current diagnosed back disorder and thus denied the claim for service connection.