Back / lumbar spine decisions — 2012

The Veteran's low back disability was rated at 10 percent from October 1, 2004 through January 11, 2009. From January 12, 2009 through December 26, 2010, the Veteran's disability was rated at 20 percent. The appeal for higher ratings is denied.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the Board finds there is insufficient evidence regarding his employability.

The Board has remanded the case for additional development due to new evidence submitted by the appellant and an inadequate VA medical opinion. The issue of service connection for a low back disability will be reconsidered, and the issue of whether new and material evidence has been received to reopen a claim of service connection for a psychiatric disability, including depression and PTSD, will also be addressed.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and is not proximately due to or the result of his service-connected right and left knee disabilities.

The Board found that the Veteran's lumbar spine disorder is not caused or aggravated by active service or a service-connected disability, including pilonidal cysts and cyst excision surgery.

The Board denied service connection for a low back disability and stomach ulcers, finding that the Veteran's conditions did not have onset during active service or were caused by his service-connected right shoulder condition.

The Veteran's service-connected degenerative disc disease with arthritis of the lumbar spine and cervical spine was granted initial ratings of 20 percent for each, effective December 17, 2009. The current evaluations meet the criteria for these increased disability ratings.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the relationship between his in-service low back injuries and his current disability. The TDIU issue will also be addressed.

The Board has remanded the case due to conflicting medical opinions and need for additional development. The Veteran's low back disability is being reviewed again with a focus on evidence of complaints prior to 1969.

The Veteran's claim for TDIU prior to August 12, 1988 is being remanded due to the need for an opinion on whether he was unable to secure or follow a substantially gainful occupation as a result of his service-connected low back disability.,The Veteran's claim for TDIU from January 15, 2000, to September 16, 2005 is being remanded due to the need for additional evidence regarding whether he was employed in a protected environment during this period.

The Board denied service connection for the Veteran's claimed lumbar degenerative disc disease and lumbar spinal stenosis, finding that there was no evidence of a chronic condition during or immediately after service, and concluding that the current disability is not related to his military service.

The Veteran's claim for an earlier effective date for a TDIU rating was denied as there is no evidence that he was unable to secure or follow substantially gainful employment prior to January 13, 2005.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining private medical records and arranging for a comprehensive VA examination.

The Veteran's appeal is being remanded for additional development to obtain medical records and for VA examinations.

The Board has determined that additional development is needed to obtain missing service treatment records and any outstanding VA or private medical records. The Veteran's claims for service connection will be remanded for further action.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, securing STRs and SPRs, and scheduling a VA examination. The Veteran's claim of service connection for a back disorder is pending.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of his medical evidence, including a VA examiner's opinion on whether his service-connected right knee disability has aggravated his low back, left knee, and left hip disorders.

The Board has determined that the Veteran's claim for service connection for tinnitus is pending, but its disposition remains unknown.,Service connection for left hip pain was denied as there is no competent evidence linking current symptoms to military service. The claim is currently reopened and can be reconsidered on the merits if new and material evidence is received.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's back disability is related to his combat injury in October 1952.

The Veteran's hypertension was not found to warrant a higher rating, and service connection for various conditions including low back disorder, knee disorders, foot disorders, shoulder disorders, diabetes mellitus, insomnia, gastrointestinal disorder (GERD), and fatigue were denied.