Back / lumbar spine decisions — 2013

The Veteran's combined rating for his service-connected conditions is 50%, which does not meet the criteria for a TDIU. The VA examiner found that the Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's lumbar spine disability is rated at 40 percent prior to December 1, 2009 and remains at that rating thereafter. The Veteran also has a separate 40 percent rating for right lower extremity radiculopathy from September 8, 2009 onwards. TDIU criteria are met.

The Board has granted service connection for a low back disability and hypertension, finding that the Veteran's current conditions are related to his in-service injury. The rating assigned is 0%.

The Board has determined that further development is necessary to determine the current severity of the Veteran's service-connected thoracolumbar and cervical spine disabilities, including any associated neurological residuals. The case is therefore REMANDED for these purposes.

The Board denied the Veteran's claims for service connection for diabetes mellitus type II, hypertension, tinnitus, heart disease, PTSD, arthritis, right knee disorder, left knee disorder, and back disorder. The appeals were based on direct evidence of a link between each condition and service.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional medical records. The issues of increased disability ratings for low back strain, cervical strain, and corneal scars are on hold until these matters are addressed.

The Board has remanded the case due to a failure of the Veteran to appear for his scheduled Travel Board hearing. The claims are being returned to the RO for further action.

The Board has determined that further development is necessary to determine if the Veteran's right knee and low back disorders are secondary or aggravated by his service-connected left knee disorder. The case will be remanded for additional clarification from Dr. M.N.D.

The Veteran's service-connected lumbar spine strain has been granted a higher rating, and he is now receiving a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection of residuals of a left shoulder injury and lumbosacral spine disorder, finding no evidence to support these conditions were incurred in or aggravated by active duty.

The VA examiner concluded that the Veteran's current low back disability is not related to service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's lumbar spine disability and any associated neurologic impairment. The Veteran is also to be provided with proper notice regarding his claim for a separate disability rating for peripheral neuropathy or radiculopathy.

The Board has referred the issue of entitlement to a TDIU to the RO for further proceedings consistent with the Joint Motion for Remand. The Veteran's claim is considered part and parcel of his increased rating claims.

The Veteran's lumbar spine condition was rated as 10% prior to September 29, 2009 and 20% thereafter. The Veteran's history of shin splints and stress fractures (now diagnosed as compartment syndrome) warranted a noncompensable rating prior to March 31, 2006, a 40% rating between March 31, 2006 and November 10, 2009, and a noncompensable rating thereafter. The Veteran's umbilical hernia was rated as 20% prior to March 31, 2006, 40% between March 31, 2006 and November 10, 2009, and 20% thereafter.,The Veteran's lumbar spine condition was rated as 10% prior to September 29, 2009 and 20% thereafter. The Veteran's history of shin splints and stress fractures (now diagnosed as compartment syndrome) warranted a noncompensable rating prior to March 31, 2006, a 40% rating between March 31, 2006 and November 10, 2009, and a noncompensable rating thereafter. The Veteran's umbilical hernia was rated as 20% prior to March 31, 2006, 40% between March 31, 2006 and November 10, 2009, and 20% thereafter.

The Board has determined that the Veteran does not have diabetes mellitus, Type II. The issues of hypertension and radiculopathy/peripheral neuropathy of the upper extremities are addressed in the REMAND portion of this decision.

The Veteran's claims for service connection for right and left hip conditions, as well as a left ankle condition, are being remanded due to the need for additional medical examinations and development.

The Veteran's claim for higher ratings for degenerative disc disease at L5-S1 and degenerative arthritis of the left ankle was denied as there is no evidence that the conditions meet or approximate the criteria for a higher rating under VA's rating schedule.

The Board has determined that additional development is necessary prior to the adjudication of these claims due to missing VA treatment records and other relevant evidence.

The Board finds that the Veteran's current low back disability, diagnosed as lumbar spine strain and degenerative disc disease and degenerative joint disease, is related to her in-service injury. As such, service connection for this condition is granted.

The Veteran's appeal is currently in remand status due to the need for additional development, including issuance of a statement of the case on his right foot disorder claim and potential VA examination.