Back / lumbar spine decisions — 2012

The Board has determined that further development is necessary and the case is being remanded to obtain additional medical records, service personnel records, and treatment records from private providers. The Veteran's back disability will be reviewed by a VA examiner to determine if it is related to his military service.

The Board found that the Veteran did not sustain an injury or disease of the low back in service, and there is no evidence of chronic symptoms since service. The current low back disability was deemed unrelated to service.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's lumbar spine DJD and DDD were granted a 40 percent evaluation effective February 3, 2011. His peripheral neuropathy of the lower extremities was not found to warrant an increased rating.

The Board found that the Veteran's current back disability did not begin during service and is not related to his service-connected left fibula fracture and ankle dislocation. The claim for secondary service connection was denied.

The Veteran's claim for an increased evaluation for his degenerative joint disease of the lumbar spine was granted, with a rating of 20 percent effective prior to April 4, 2008. Service connection for radiculopathy and bowel impairment associated with this condition were also granted.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 40 percent from October 26, 2004 to October 28, 2009 and at 40 percent beginning June 22, 2010.

The Board has remanded the case for additional development, including obtaining a VA examination and updating records from the Social Security Administration (SSA). The Veteran's claim of entitlement to TDIU is currently pending.

The Veteran's claim for an increased rating for lumbar spine disability was granted, with a current rating of 40 percent. The claims for TDIU and separate ratings for bilateral lower extremity radiculopathy were also granted.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the Veteran's right lower extremity shortening and his lumbar spine disability. The Veteran is seeking an initial rating in excess of 10 percent for his lumbosacral strain with disc degeneration.

The Veteran's appeal involves multiple issues including increased disability ratings and service connection claims. The case is being remanded for additional development, including obtaining Social Security Administration records, scheduling VA examinations, and ensuring the examination reports comply with the directives of this remand.

The Board has determined that no new and material evidence has been received to reopen the Veteran's claims for service connection for PTSD, residuals of head injury, visual impairment, low back disability, chronic shoulder disability, and right ankle disability. The Veteran's sister provided a statement in June 2011, but it is considered redundant or cumulative.

The Veteran's claim for increased ratings for PTSD and service connection for a low back disorder was denied. The Board found that the evidence did not show total occupational or social impairment, which is required for a higher rating.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability or in-service injury that would support the claims.

The Veteran's lumbosacral spine disability, including herniated intervertebral discs at L4-5 and L5-S1, is currently rated 40 percent. The evidence does not support a higher rating as the range of motion findings do not meet the criteria for an increased rating.

The Board found that the Veteran's low back disorder did not originate in service or until more than one year after service, and is not otherwise etiologically related to service. Therefore, service connection for a low back disorder was denied.

The Board has remanded the case for additional development due to incomplete records and inadequate VA examination.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's claim of service connection for a low back disability is being remanded due to the submission of additional relevant evidence that has not yet been considered by the RO.