Back / lumbar spine decisions — 2014

The Veteran's appeal has been dismissed as he withdrew his appeal due to the increase in his combined disability rating to 100 percent.

The Veteran's lumbar spine disability, characterized by pain resulting in no worse than 35 degrees of thoracolumbar forward flexion, does not meet the criteria for a higher initial evaluation.

The Veteran's appeal has been dismissed as he withdrew his appeals for all issues.

The Veteran's claim for TDIU is being remanded to determine if an effective date earlier than October 12, 2010 should be assigned due to his service-connected back disability preventing him from securing and following a substantially gainful occupation.

The Veteran has withdrawn her appeals for all issues on appeal, including the rating for right knee strain, status post septoplasty, and service connection for transitional lumbosacral vertebra with bilateral pseudoarthrosis with degenerative disc disease, lumbar spine, L3-S1.

The Board found that the Veteran's lumbar spine disability is not caused or aggravated by his service-connected right lower extremity disability.

The Veteran withdrew his appeals for the issues of entitlement to an initial compensable evaluation for pseudofolliculitis barbae, whether new and material evidence has been submitted to reopen a claim for service connection for an acquired psychiatric disorder (to include as secondary to a service-connected lumbar spine disability), and the underlying issue of entitlement to service connection for an anxiety disorder. The appeals were dismissed.

The Board has ordered a remand to obtain an opinion from an orthopedist regarding the etiology of the Veteran's low back disability, which may have been caused by service or related to his in-service injury. The claim will be reconsidered after this additional development.

The Board has remanded the case for additional development to verify the Veteran's service and obtain his in-service treatment records. The Veteran is seeking to reopen claims for Bertolli's syndrome with shortening of the right leg and a low back disability.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his in-service diagnosis and current low back disability.

The Veteran's low back disability is rated at 40 percent, effective September 10, 2007. The Board found that the Veteran meets the schedular criteria for a higher rating based on severe limitation of motion and pain.

The Board has granted the Veteran's claim for service connection for neurologic abnormalities associated with his service-connected lumbar strain.

The Board has reopened the claim for service connection of a lumbosacral spine disability and remanded it to the RO for further development. The Veteran's current low back pain is not considered to be caused by or aggravated by his service-connected knee disabilities.

The Veteran's combined rating for his service-connected disabilities is 50 percent, which does not meet the schedular criteria for a TDIU. The Board finds that referral of the TDIU claim for extra-schedular consideration is not warranted.

The Veteran's lumbar spine arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has determined that further development is necessary before the claims can be adjudicated, including obtaining SSA records and VA examinations for the Veteran's back disorder, right shoulder disorder, bilateral hearing loss disability, and headache disorder.

The Veteran's appeal has been withdrawn, and his claims for service connection for a bilateral shoulder disability and the rating assigned for his lumbar spine disability have been dismissed.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's claim of entitlement to an increased initial disability rating in excess of 10 percent for right knee osteoarthritis with degenerative joint disease (DJD) is denied. The evidence does not support a higher rating as the Veteran's range of motion was limited by pain, weakened movement, and flares upon repetition.

The Veteran's claims for service connection for various conditions, including psychiatric disorders and gastrointestinal issues, were denied as there is no current disability or evidence of a causal relationship to active military service.,Service connection was not granted due to lack of continuity of symptomatology since separation from service.