Back / lumbar spine decisions — 2013

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

The Veteran's claim for an initial compensable rating for tinea pedis was denied, but the Board finds new and material evidence has been received to reopen his claims of service connection for genital warts or residuals thereof and a low back disability.,Regarding the low back disability, the RO initially denied it in April 1995 due to lack of current disability. The Veteran's claim was reopened in April 2007.

The Veteran's claim for service connection for degenerative disc disease, thoracolumbar spine is being remanded due to the need for additional development including obtaining relevant service treatment records and scheduling a VA examination.

The Veteran's service connection claims for PTSD and an acquired psychiatric disorder, other than PTSD (Adjustment Disorder with Anxious Mood), were granted. However, his claim for a low back disability was denied.

The Veteran's claim for special monthly pension based on need for aid and attendance of another person or being permanently housebound has been denied as he does not meet the criteria for either benefit.

The Board has ordered additional service treatment records and information from the Veteran to be obtained, as well as a supplemental opinion regarding whether any currently diagnosed low back disability is related to military service. The case will be remanded for these actions.

The Veteran's claims for service connection for low back, left knee, and right knee disabilities are being remanded due to the need for additional development of his medical records.

The Veteran's appeal is being remanded to obtain updated VA treatment records, afford VA examinations, and issue a Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC).

The Board has determined that a VA examination is needed to determine the relationship between any current low back disability and service, as well as obtaining all outstanding VA medical records. The Veteran's claim for service connection will be remanded for these actions.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar degenerative joint and disc disease.

The Board has granted a TDIU effective from June 17, 2008. The Veteran's low back disability was rated at 50% and he stopped working full-time on December 22, 2006 due to his service-connected disabilities.

The Veteran's appeal includes claims for higher initial ratings for his service-connected low back disability and peripheral neuropathy, as well as a claim for TDIU. The case is being remanded to obtain additional medical examinations and opinions, and to submit the evidence to the Director of Compensation and Pension Service for extraschedular consideration of TDIU.

The Veteran's claims for increased ratings are being remanded to allow for additional development, including scheduling a VA examination and providing the Veteran with another opportunity for a videoconference hearing.

The Veteran's claims for higher initial ratings for his lumbar spondylolisthesis and scar are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling the Veteran for VA examinations to assess his PTSD and low back disability, and readjudicating the claims.

The Veteran's low back disability is being remanded for further examination and opinion to determine if it is caused or aggravated by his service-connected knee disabilities.

The Board has decided to remand the case for further development, including obtaining service treatment records and a VA examination.

The Veteran's appeal is being remanded to obtain medical opinions regarding the origins of his left leg disorder and to schedule a VA examination for his low back disability. The claims are also being remanded due to allegations that his service-connected low back disability has worsened.

The Veteran's low back disability has been rated at 40 percent since February 17, 2006. He is also entitled to a separate 10 percent evaluation for right-sided mild incomplete paralysis of the sciatic nerve and left-sided mild incomplete paralysis of the sciatic nerve.

The Board granted an effective date of October 4, 2001 for the increased rating of 60 percent for residuals of a lumbar spine injury to include DDD.