Back / lumbar spine decisions — 2012

The Board granted a 30% rating for the Veteran's service-connected headache disorder, but did not address or grant entitlement to TDIU. The Court found that TDIU was raised by the Veteran and evidence in 1987.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the relationship between his service-connected diabetes mellitus and low back disorder. The TDIU claim prior to March 2, 2009, is also being referred to the Director of Compensation and Pension Services for extra-schedular consideration.

The Veteran's lumbar spine disability has been rated at 20 percent since December 1, 2006. The Board finds that the evidence shows severe pain and limited motion from this date onward, warranting a higher initial evaluation.

The Board has remanded the case for additional development, including a new VA examination of the Veteran's knees and lumbar spine to determine the nature and etiology of his claimed disabilities.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and an opinion on whether the service-connected disabilities render the Veteran unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for increased evaluations for hypertension, bilateral hearing loss, hiatal hernia, TMJ disability, and degenerative disc disease of the lumbar spine. The appeals were dismissed as there was no evidence to support higher ratings.

The case is being remanded for further development and an opinion regarding the Veteran's hip disorder, including whether it was incurred or aggravated during service. The claim for a back disorder will also be deferred until after the hip disorder issue has been addressed.

The Board has remanded the claims for service connection for low back disability, bilateral hearing loss, tinnitus, and skin condition (secondary to herbicide exposure) due to inadequate development.

The Veteran's degenerative disc disease of the lumbar spine was incurred in, or caused by, his military service.

The Board found that the Veteran's low back disability was not shown to be related to his active service and denied his claim for service connection.

The Board denied the Veteran's claims for an increased rating for his service-connected chronic lumbar strain and denied service connection for spinal fusion at L3-L4 for spondylosis with spondylolisthesis, finding that the evidence did not support a grant of benefits under any applicable criteria.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claim for service connection for a back disorder, which was previously denied in December 1994. The reopening of the claim is granted.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disorder, including a lack of discussion on an in-service injury. The claim will be reconsidered after additional VA medical records are obtained and a comprehensive examination is conducted.

The Veteran's claims for increased ratings for his service-connected heart disability, right knee DJD, left knee DJD, and lumbar spine degenerative changes were denied. The Veteran was not granted any higher ratings than the current 10 percent assigned.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the RO.

The Board has decided to remand the case for further development and consideration due to conflicting opinions from a VA examiner regarding whether the Veteran's current low back disability is related to his service.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and arranging for VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent for left shoulder impingement prior to September 28, 2010 or from September 28, 2010 onwards. The Veteran's claims for increased ratings for left ulnar palsy and lumbar spine strain were also denied.

The Board has remanded the case due to incomplete VA treatment records and a need for a new VA examination of the Veteran's right shoulder disability. The issues on appeal include service connection for a back disability, to include as due to impingement syndrome, right shoulder, and an increased rating for impingement syndrome, right shoulder.

The Board finds that the Veteran's current low back disability is related to his active service, and thus grants service connection for a low back disability.