Back / lumbar spine decisions — 2013

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA treatment records and information about her employment status.

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, with the RO granting an increased rating to 20 percent effective June 10, 2009.,The Veteran's claim for a higher rating for right lower extremity radiculopathy associated with his service-connected lumbosacral strain was also denied.

The Veteran's service-connected conditions do not preclude him from obtaining and maintaining substantially gainful employment.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by his service and may not be presumed to have been incurred in service.

The Board has granted service connection for spondylosis and degenerative disc disease of the lumbar spine. The claim of entitlement to compensation under 38 U.S.C.A. § 1151 for a condition of the lumbar spine, claimed as a result of lumbar facet joint injections received at a VAMC on July 22, 2005 is rendered moot and dismissed.

The Board has determined that additional development is needed to determine the nature and etiology of any current low back disability and skin disability, including whether they are related to service or herbicide exposure. The Veteran will be scheduled for VA examinations to address these issues.

The Board has determined that additional development is needed to determine the Veteran's lumbar spine disability and whether it is related to service. The case is therefore being remanded for further action.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has decided to remand the claims for service connection for bilateral hearing loss and low back disability due to incomplete VA treatment records, lack of examination opinions addressing all relevant evidence, and need for further development.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to insufficient evidence regarding whether her service-connected disabilities render her unable to work.

The Veteran's claim for a higher rating for lumbosacral strain is being remanded due to the need for further development, including a VA examination.

The Board granted a 20 percent disability rating for the Veteran's lumbar intervertebral disc syndrome with degenerative arthritis changes, effective November 6, 2012.

The Board found that the Veteran's low back disability does not meet or approximate criteria for a rating in excess of 20 percent, as his forward flexion did not reach 30 degrees and there was no evidence of intervertebral disc syndrome causing incapacitating episodes. The current 20 percent evaluation is therefore maintained.

The Veteran's claim for a TDIU was denied as her service-connected disabilities do not meet the schedular criteria, and an extra-schedular rating is also not warranted.

The Board has vacated its decision on the claims to reopen service connection for various knee and spine disabilities, as well as chronic venous insufficiency of the lower extremities. The new evidence presented since previous decisions relates to an unestablished fact necessary to substantiate these claims.,The Veteran's claim for service connection is being remanded due to the need for further development on the diabetes mellitus claim.

The Veteran's claim for a higher initial rating for his lumbar spine disability prior to March 5, 2009 was denied as the evidence did not show that he had forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees or the combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees, or muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour.,The Veteran's claim for a higher initial rating for his lumbar spine disability since March 5, 2009 was denied as the evidence did not show that he had unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks.

The Veteran's case is being remanded for a Travel Board hearing. The issues of whether new and material evidence has been received to reopen his claim for service connection for residuals of coccidioidomycosis, entitlement to an increased rating for lumbosacral strain, and entitlement to an increased rating for prolapsed intestinal cord status postoperative hemorrhoidectomy are pending.

The Veteran's lumbar herniated disc and radiculopathy of the left lower extremity have been granted increased ratings, with the radiculopathy receiving a higher rating as of June 27, 2012.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing an addendum report from the VA spine examiner.

The Veteran's claims for neck, back, and bilateral knee disabilities are being remanded due to the need for additional development including obtaining VA medical records and providing an examination.