Back / lumbar spine decisions — 2012

The Board has decided to remand the case again due to incomplete development of service connection for a low back disorder. The exact dates and type of additional service (ACDUTRA or INACDUTRA) need to be clarified, as well as obtaining any relevant STRs or personnel records.

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

The Board has determined that further development is needed before the claims can be fully adjudicated. This includes obtaining updated medical records, scheduling a VA examination for chronic kidney disease and lumbar spine disability, and readjudicating the appeal.

The Veteran's appeal is being remanded for additional development to obtain medical records and for VA examinations to determine the nature and etiology of his service-connected right hip disability, as well as any current low back, bilateral shoulder, and bilateral knee disabilities.

The Board has remanded the case due to the need for additional development, including scheduling a VA examination and obtaining medical records.

The Veteran's lumbosacral strain with arthritis and radiculopathy is rated at 20 percent, effective October 8, 1953. He also receives separate 10 percent ratings for neurological impairment of the right and left lower extremities.

The Board found that the Veteran's current chronic low back disability is causally related to an in-service injury, resulting in a grant of service connection.

The Veteran's low back disability is being remanded for additional development, including obtaining Social Security Administration records.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was rated at 10% prior to October 1, 2010. Effective October 1, 2010, his disability rating was increased to 20%. The current evaluation is appropriate given the range of motion findings.

The Board found the Veteran not credible regarding his claims of frostbite and continuous symptoms since service. The VA examiner determined that the Veteran's conditions are not related to service or a service-connected disability.

The Veteran's appeal for TDIU on an extra-schedular basis is being remanded due to the need for a VA examination to assess his employability given his service-connected back disability and medication side effects.

The claims for increase in depression and disc disease of the lumbar spine, as well as the claim for a total disability rating based on individual unemployability are being remanded for further development.

The Board has remanded the case for additional development, including obtaining updated VA medical records and arranging for a comprehensive spine examination to determine if the Veteran's current low back disability is related to service.

The Board denied service connection for a bilateral eye disability due to the absence of evidence showing that the Veteran's current visual impairment is related to his military service.,Service connection was also denied for low back pain, as there was no credible medical evidence linking the Veteran's current low back condition to his military service.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was rated at 50%, the gunshot wounds to the left thigh and right lower extremity disabilities were both rated at 20% each, and the fascial defect of the left thigh with muscle herniation was rated at 30%. No extra-schedular rating or reopening on new evidence was granted.

The Veteran's service-connected degenerative disc disease of the lumbar spine was manifested by back pain that radiated into his hips and was aggravated by standing for long periods of time or climbing stairs. The evidence showed forward flexion to 80 degrees, extension to 5 degrees, left and right lateral bending to 20 degrees, and left and right lateral rotation to 20 degrees, all with pain. Additional functional limitation due to pain was not shown to any significant degree.

The Board has remanded the case due to the Veteran not appearing at a previously scheduled Travel Board hearing. The case is now pending for another hearing.

The Board has determined that the Veteran's residuals of a right wrist fracture are related to her active service, and thus service connection is granted.

The Veteran's claims for service connection for a bilateral eye disorder, back disorder, and tuberculosis have been denied. New and material evidence has not been received to reopen the claims for back disorder and tuberculosis.

The Veteran's claim of service connection for chronic cholesterol (claimed as 'chronic cholesterol') is denied. The remaining claims are addressed in the remand.