Back / lumbar spine decisions — 2013

The Veteran's claim for an extraschedular evaluation in excess of 10 percent for his service-connected low back disability has been remanded due to the need for additional development, including a new VA examination and consideration of whether extraschedular considerations are warranted.

The Board has remanded the Veteran's claims for service connection for back and left knee disorders due to insufficient evidence in their original file, including military personnel records. The case is being returned to the RO/AMC for further development.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a new VA examination. The Veteran's claims for service connection for low back strain and left knee injury will be reconsidered based on the additional evidence.

The Board has reopened the Veteran's claim of entitlement to service connection for a lumbar spine disability and granted it. The evidence submitted by the Veteran is sufficient to reopen the claim, as he provided testimony about an in-service injury that led to his current condition.

The Board found that the Veteran's current back disability is not related to his active military service and denied his claim for service connection.

The Board has remanded the case for further development and readjudication due to the appellant's failure to report for VA examinations. The claims folder must be reviewed, additional evidence obtained, and a new examination conducted.

The Board has determined that the Veteran's cervical spine disability is secondary to his service-connected lumbar spine disability, and granted service connection for this condition.

The Veteran's claim for a rating in excess of 20 percent from March 31, 1997 to November 29, 1999 for his low back disability was denied by the Board.

The Veteran's claims for service connection for residuals of shrapnel wound to the head with damage to the right eye and a back disorder were denied, as well as his claim for an increased evaluation in excess of 30 percent for posttraumatic stress disorder. The Board found that there was no evidence linking these conditions to military service.

The Board has decided to remand the case for additional development due to inconsistencies in the VA examiner's opinion and need for further examination.

The Veteran's PTSD has been productive of occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress. The Board finds that the criteria for a 30 percent rating have not been demonstrated for any period.

The Veteran's claims for increased ratings for his lumbar spine disability and GERD were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's low back disorder, diagnosed as degenerative disc disease of the lumbar spine, has been rated at 60 percent since its grant of service connection. The current evaluation reflects no more than intervertebral disc syndrome with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board found that the Veteran's lumbar spine disability was not incurred in service and is not related to his service-connected left knee disability. The claim for secondary service connection was denied.

The Board denied the reopening of claims for service connection for various conditions, including bilateral knee disorder, left great toe disorder, low back disorder, and adjustment disorder or other acquired nervous disorder. The Veteran's claims were not reopened due to lack of new and material evidence.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the highest possible schedular rating of 40 percent effective March 20, 2012. The claim for an increased rating for his right knee condition remains pending.

The Veteran's claim for service connection for a lower back disability, including degenerative joint disease and disc disease of the lumbar spine, was granted in April 2012. As a result, the appeal is dismissed.

The Veteran's service-connected lumbar radiculitis is currently rated at 40 percent effective October 5, 2011. The Veteran's cervical spondylosis is currently rated at 30 percent effective October 5, 2011.,Both conditions are rated based on their current manifestations.

The Veteran's TDIU claim is granted as his service-connected disabilities, including depressive disorder not otherwise specified, pulmonary fibrosis, and degenerative joint disease and degenerative disc disease of the lumbosacral spine, meet the criteria for a total disability rating based on individual unemployability.

The Board denied the Veteran's claim of service connection for a back disorder, finding that there was no evidence linking his current conditions to military service.