Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for further development of her claims, including obtaining additional medical records and arranging for a VA examination to assess the current severity of her service-connected disabilities.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.

The Veteran's claim for service connection for bilateral hearing loss disability and a low back disability was denied as there is no evidence of hearing impairment or a low back disorder during service, and the current disorders are not related to service.

The Board has remanded the case due to incomplete records and need for further examination. The Veteran's low back disability is being reviewed, but a definitive decision cannot be made without additional evidence.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied. The RO decreased the evaluation from 20% to 10%, effective August 30, 2010.

The Veteran's service-connected lumbar spine strain has been rated at 10 percent since June 1, 2009. The issue of service connection for degenerative disc disease of the low back is pending and will be addressed separately.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability is being remanded for additional development, including obtaining Social Security Administration records and clarifying the nature of his 'work study' program with VA.

The Veteran's unauthorized medical expenses for emergent care on March 19, 2010 are granted as the services were provided in an emergency department and a prudent layperson would have expected immediate medical attention due to her severe back pain.

The Veteran's low back disorders are not considered service-connected, as they are not shown to be related to his active duty or a presumptive condition. The Board found no evidence of aggravation by the service-connected left femur and/or left knee disability.

The Board has remanded the case for further development due to a hearing issue, and the Veteran is scheduled for another videoconference hearing.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected thoracolumbosacral strain and cervical spine strain due to failure to comply with a previous remand directive.

The Board found no evidence to support a service connection for the Veteran's low back disability, concluding that his current condition is not related to his military service.

The Veteran's claim for an increased rating for lumbosacral radiculopathy was denied, and the assignment of an effective date prior to December 16, 2003 for TDIU was also denied. The case is pending further review by the Compensation Director.

The Veteran's headaches disability is rated at 30 percent effective from September 10, 2010.

The Veteran's low back disability was evaluated at various ratings from May 2004 to March 2009. The claim for higher ratings is granted since March 1, 2009.

The Veteran's claim for an earlier effective date of a TDIU is being remanded due to the need for additional development, including obtaining Social Security Administration records and VA Vocational Rehabilitation file.

The Veteran's appeal is being remanded for a personal hearing before the Board of Veterans' Appeals.

The Board has granted a rating of 40 percent for the service-connected left sciatic neuritis from July 23, 2009 to October 22, 2011. The Veteran's symptoms have been characterized by radiating pain and weakness in his left leg.

The Veteran's claim for service connection for a rib disorder was denied in November 2007. His request to reopen the claim and his subsequent grant of service connection for degenerative disc disease of the lumbar spine were both effective as of January 7, 2009.