Back / lumbar spine decisions — 2013

The Board has determined that additional development is needed before the Veteran's claims can be decided. The case is being remanded for further action, including obtaining medical records and arranging for a VA examination.

The Board has determined that further examination and development are needed before the claim can be fully adjudicated.

The Veteran has osteoarthritis of the thoracic and lumbar spines that is as likely as not related to his active duty. The Board concludes that service connection for this condition is warranted.

The Board has granted a 20% rating for the Veteran's service-connected chronic low back strain, effective October 13, 2010. The Veteran is not entitled to an increased rating or TDIU based on his service-connected condition.

The Veteran's service-connected degenerative joint disease of the lumbar spine was evaluated at a 10 percent rating prior to July 12, 2005. As of July 12, 2005, he is not entitled to an evaluation in excess of 20 percent.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and the Board grants entitlement to TDIU.

The Veteran's low back disability and radiculopathy of the right lower extremity have been evaluated at their current levels, with no higher ratings granted.

The Veteran is found unable to secure or maintain substantially gainful employment due to his service-connected low back disability, and a TDIU on an extraschedular basis is granted.

The Veteran's left knee disability has been rated as noncompensable since the effective date of service connection. The RO granted a 10 percent rating for iliotibial band syndrome of the left knee, effective July 16, 2004.

The Board found that the Veteran's low back disability existed prior to his second period of service and was not aggravated by military service. The acquired psychiatric disorder is attributed to the Veteran's willful misconduct, specifically alcohol and drug abuse.

The Board found no evidence of a back injury during service, and the disability was not manifest within one year of separation. The Veteran's current back condition is unrelated to his military service.

The Board found no evidence of a chronic low back disability during service and denied the Veteran's claim for service connection. The Veteran was also denied TDIU as his condition did not meet the criteria for total disability rating based on individual unemployability.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying periods of ACDUTRA and INACDUTRA. The Veteran's claims will be reconsidered based on the new evidence.

The Board is unable to definitively determine if the Veteran's current back disability is related to his service-connected bilateral knee disabilities, but finds that it is at least as likely as not. The case will be remanded for further development and consideration.

The Board has remanded the Veteran's claim for additional development, including obtaining a VA medical opinion regarding his scoliosis and osteoarthritis of the lumbar spine.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, thus the Board finds that he is unemployable.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no evidence of in-service exposure to herbicides and the disease did not manifest within one year post-service. The claims for back and left arm disabilities are pending.

The Veteran's appeal is remanded to the RO for scheduling a Travel Board hearing. The issue of an initial compensable evaluation for lumbar and thoracic strain remains on hold until such time as the Veteran can present his case before the Board.

The Veteran seeks an earlier effective date for the grant of a TDIU, which was granted on August 30, 2004. The Board is remanding the case to determine if the March 17, 2008 rating decision granting a TDIU prior to May 29, 2001 should be considered effective.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete records, need for additional examinations, and other procedural issues.