Back / lumbar spine decisions — 2013

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected low back disability and any associated neurologic abnormalities. The case may also be referred for extra-schedular consideration.

The Veteran's cervical spine disorder is not found to be caused or permanently worsened by his service-connected low back disability. His low back disability, characterized by pain and limited motion but no ankylosis of the spine or incapacitating episodes, does not warrant a rating higher than 40 percent. The Veteran is competent for direct receipt of VA funds.

The Board has determined that the Veteran's low back disability is not related to his service or a service-connected condition, but his left hip trochanteric tendinitis was aggravated by his service-connected left knee disability.

The Board has granted service connection for tinnitus but denied service connection for a mid and low back disorder including degenerative disc disease (DDD) of the thoracolumbar spine and bilateral hearing loss.

The Veteran's service-connected disabilities, prior to February 28, 2007, did not render him unemployable due to his nonservice-connected leukemia.

The Veteran's claim for an increased evaluation for his low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent, as his condition did not meet criteria for limitation of motion or favorable ankylosis.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another was denied as there is no evidence that he requires assistance in putting on a lumbar corset, which he can do independently.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's service-connected disabilities render him unemployable without regard to his age or non-service connected disabilities.

The Board has remanded the case due to the Veteran not receiving notices for VA examinations and a hearing before the Board. The case will be returned to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Veteran's claim for a higher rating for lumbosacral strain with sciatica was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability. The claims will be reviewed again after this development.

The Veteran's claim for service connection for a thoracolumbar spine disorder is being remanded due to incomplete information regarding his duty status during the relevant timeframe and missing treatment records. The case will be re-adjudicated after these issues are addressed.

The Board has granted service connection for lumbosacral spine arthritis and sinusitis, finding that the Veteran's current conditions are related to his military service.

The Board has decided to remand the Veteran's claim for service connection of back spasms due to inadequate examination and lack of current disability evidence. The case will be returned for further development, including a VA compensation examination.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection, including obtaining VA treatment records and a medical opinion regarding the etiology of his claimed conditions.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA orthopedic examination to determine the nature and etiology of his current back disability.

The Board denied the Veteran's claim for an effective date prior to December 10, 2009 for the grant of a total disability rating due to individual unemployability (TDIU) because it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment solely due to his service-connected disabilities in the year prior to December 10, 2009.

The Veteran's claims for increased ratings and a total disability rating based on individual unemployability are being remanded due to the need for new examinations.

The Board found that the Veteran's right foot/leg still retains effective function, and thus does not meet the criteria for SMC under 38 U.S.C. § 1114(k).

The Board has determined that the Veteran's left knee and low back disabilities are related to his active service, including his service-connected right knee disability. The VA examinations have provided conflicting opinions regarding whether these conditions were directly caused by or aggravated by his service-connected right knee disability.