Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's service-connected disabilities effectively render him unable to secure or follow a substantially gainful occupation, and thus grants his claim for TDIU.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine had its onset in service and is therefore granted service connection.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's claims for service connection for a low back disability and lung disability, including spots on the lungs, were denied as there is no competent evidence of current disabilities or a link to service.

The Veteran's claim for increased ratings for his lumbosacral strain with degenerative disc disease is being remanded to obtain additional VA treatment records and ensure compliance with the duty to assist.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus denied all of his claims.

The Board has granted reconsideration of the Veteran's claim for service connection for back disability, finding new and material evidence to reopen the previously denied claim. The claim is now on the merits.

The Veteran's SMC claim is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if her service-connected disabilities necessitate the need for aid and attendance of another person or render her housebound.

The Veteran's right hip degenerative joint disease is service-connected. However, there is no evidence of bowel or urinary incontinence associated with his service-connected lumbar spine condition.

The Veteran's degenerative changes of the lumbar spine are rated at 40 percent effective August 11, 2011. The left ankle strain is rated at 10 percent prior to August 10, 2011 and in excess of 10 percent thereafter.

The Veteran's appeal is being remanded for further development, including an examination and updated employment information. The case will be readjudicated after the additional development.

The Board has remanded the case for further development, including obtaining VA treatment records and providing a spine examination. The Veteran's claims of service connection for bilateral knee disability and TDIU are also being remanded.

The Board denied service connection for chronic residuals of a motor vehicle accident affecting the Veteran's spine, shoulders, arms, and entire body as there were no chronic residuals at the time of separation from service.

The Board has referred the issue of entitlement to a TDIU to the RO for adjudication. The Veteran's claim is currently in remand status due to the need for additional development and consideration.

The Board found that the Veteran's claimed thoracic or lumbosacral spine disorder, cervical spine disorder, right knee disorder, and left hand disorder are not related to service. The claims were denied as there is no evidence of a chronic condition in service or within one year after service.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on the severity of the disabilities.

The Board has granted an increased rating of 10 percent for the Veteran's service-connected chondromalacia patella, left knee. The claim for service connection for a low back disorder and right knee disability secondary to the service-connected condition is also granted.

The Board has remanded the case for additional development due to inadequate etiology opinions and failure to address specific information in the remand directives.

The Board has remanded the claims of service connection for a psychiatric disability, skin rash, and lumbar spine disability due to incomplete consideration of all pertinent evidence.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not show that his condition meets or more nearly approximates the criteria for a higher rating.