Back / lumbar spine decisions — 2012

The VA examiner determined that the Veteran's current low back condition is less likely as not related to his active military service, and thus denied the claim for service connection.

The Board has remanded the case to the RO for further development due to a change in the hearing officer's employment status.

The Veteran's claims were denied, with the exception of his claim for an increased rating for bilateral calluses, plantar warts, and metatarsalgia. The reduction from 30 to 10 percent was upheld.

The Board has remanded the case for additional development, including obtaining service personnel records and verifying the Veteran's duty status during his periods of active and inactive duty. The Veteran is seeking service connection for a lumbar spine disorder and an acquired psychiatric disorder, to include PTSD.

The Veteran's claim for a higher rating for her service-connected chronic low back strain is being remanded due to the need for further development, including scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his service-connected disabilities.

The Veteran's service connection claims for various conditions were granted, with a disability rating of 20% for the cervical spine condition. The effective date is not specified.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for peripheral neuropathy of the hands (CTS), secondary to diabetes mellitus, type 2. The Veteran's testimony at his May 2012 hearing indicates he currently has this condition.

The Board has determined that additional development is needed to fully and correctly adjudicate the Veteran's claims, including obtaining relevant medical records and conducting a VA examination.

The Veteran's service-connected lumbar spine disc disease is currently rated at 10 percent, effective February 22, 2008. The disability results in forward flexion of the thoracolumbar spine limited to 60 degrees and does not result in incapacitating episodes or associated neurological disability.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining a VA examination and addressing his employability based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his low back disability and determine whether he is unemployable due to service-connected disabilities.

The Board denied service connection for a low back disorder, finding that the preponderance of the evidence did not support a link to military service. The Veteran's motion alleged clear and unmistakable error (CUE) in this decision.

The Veteran's service-connected degenerative disc disease of the lumbar spine was increased to a 40 percent rating effective July 14, 2004. The effective date is set at that time as it was factually ascertainable that an increase in disability had occurred within the preceding year.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature, onset, and etiology of any back condition found to be present.

The Board denied the Veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with degenerative disc disease.

The Veteran's appeal is being remanded due to issues of entitlement to an increased rating for service-connected right and left leg radiculopathy, as well as entitlement to an effective date earlier than July 12, 2011, for the grant of a 40 percent disability rating for service-connected lumbar disc disease. The TDIU claim is also being remanded.

The Veteran's claims for increased ratings for various service-connected disabilities, including eczema, lumbar spine strain, right and left knee disabilities, and DJD of the shoulders, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for higher initial ratings for his service-connected lumbar spine and peripheral neuropathy disabilities have been denied. The RO has granted the Veteran a TDIU effective February 9, 2009.

The Veteran's TDIU rating was granted effective from October 10, 2006 due to service-connected heart disease. The Board found that the evidence did not establish he was unemployed and unemployable prior to this date.