Back / lumbar spine Board decisions

The Veteran's appeal is remanded for additional development, including consideration of VA treatment records and clarification from the Director of the Compensation and Pension Service regarding his entitlement to an extraschedular rating.

The Board has remanded the case for additional development due to inadequate examination reports. The appellant's back and ankle disabilities are being evaluated again, with a focus on whether they are related to his service-connected knee disabilities.

The Veteran's claim for a TDIU was granted with an effective date of May 21, 2008. The Board has determined that the criteria for an earlier effective date of August 28, 2002 were met due to his service-connected disabilities.

The Veteran's claims for increased ratings are being remanded to obtain additional VA examinations and to obtain any outstanding private or VA treatment records.

The Board has determined that the payment of $172.80 in attorney fees from past-due benefits is proper based on the award of service connection for various disabilities.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and Womack Army Hospital treatment records.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain a substantially gainful occupation as of December 13, 2000, the date his back disability met the criteria for a 40 percent rating. The effective date is set at December 13, 2000.

The Veteran's chronic joint problems, including as due to an undiagnosed illness or other qualifying chronic disability under 38 U.S.C.A. § 1117, were not found to be related to his service and are therefore denied.

The Board denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA's definition of a disability. Service connection was not granted for left eye disorder or low back disorder as the claim is pending.

The Veteran's service-connected left ankle strain, DJD of the left knee previously tendonitis, postoperative (P/O), DJD of the right knee previously tendonitis, postoperative (P/O), and DJD of the right knee with limited extension are all rated at 10 percent. The cervical spine DDD and DJD is rated at 10 percent.

The Veteran's lumbar spine disability is rated at 60 percent, and his radiculopathy of the bilateral lower extremities warrants a separate evaluation of 20 percent as of March 30, 2007.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The Board found that the Veteran does not have a separate ratable neurologic condition, specifically bladder impairment, related to his service-connected low back disability and denied the claim for a separate disability rating.

The Board found that the Veteran's bowel, bladder, nerve damage, spinal cord damage with residual low back disability, hip, knee, erectile dysfunction, immunity disorder, and spleen disabilities are not related to his military service or service-connected PTSD.

The Board found that the Veteran's current low back disorder is unrelated to her military service, including especially to her purported slip-and-fall injury in Hanau, Germany.

The Veteran's chronic left shoulder strain and degenerative disc disease and degenerative joint disease of the cervical spine are found to be related to service-connected disabilities, thus granting service connection on a secondary basis.

The Veteran's service-connected low back disability and manic depressive reaction render him unable to obtain and maintain substantially gainful employment.

The Board finds that the Veteran's lumbar spine disorder is related to service and grants entitlement to service connection.

The Veteran's appeal is being remanded due to the need for additional medical records and further development of his claims, including a determination on whether he is entitled to a TDIU.

The Board found that there is no evidence of a direct relationship between the Veteran's current low back disability and his service, as well as insufficient medical opinion to support a finding of service connection for any psychiatric disability. The claims were therefore denied.