Back / lumbar spine decisions — 2000

The veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted with an effective date of March 31, 1986. The TDIU rating is based on the veteran's service-connected disabilities.

The veteran's claims for increased depression evaluation and service connection for low back disorder and left forearm fracture residuals were denied. The RO found that the evidence did not meet the criteria for a higher rating or establish service connection.

The Board found that the veteran's claim for service connection for lumbosacral strain (claimed as back condition) is not well grounded, and denied it. The claim for reopening a bilateral knee condition was also denied due to lack of new and material evidence.

The veteran seeks an increased evaluation for his service-connected low back disability, currently rated at 20 percent. The case is being remanded to the RO for scheduling a personal hearing before a traveling member of the Board at the RO.

The Board found that the veteran's low back disorder was not incurred or aggravated during service and denied his claim.

The Board denied the veteran's claims for increased ratings and service connection for various conditions, finding that the evidence did not support higher evaluations or a grant of service connection.

The Board dismissed the appeal due to a lack of timely filing of a substantive appeal.

The Board has determined that the veteran's claim of entitlement to service connection for a low back disability is well grounded and has ordered further development of evidence.

The Board found that the veteran's claim for service connection for PTSD was not well-grounded due to a lack of verified in-service stressor and current diagnosis. The claim for increased evaluation for lumbosacral sprain residuals is denied.

The Board has determined that the veteran's low back disability is not service-connected due to lack of evidence showing a relationship between his current condition and active service. The gastrointestinal and ulnar nerve disabilities have not been shown to be related to service.

The veteran's traumatic arthritis of the lumbar spine is rated at 40 percent disabling, and his claim for a total rating based on individual unemployability due to service-connected disability is granted.

The Board denied the veteran's claims for increased ratings for his low back disability, finding that there was no basis for a rating in excess of 20 percent prior to August 11, 1993 and no basis for a higher than current 60 percent rating since that date.

The VA determined that the veteran's service-connected disabilities do not render her unable to engage in substantially gainful employment, and thus denied her claim for a total disability rating based on individual unemployability.

The Board has determined that the evidence received since the October 1975 RO decision is not new and material, thus the claim of reopening a service connection for a chronic back disorder remains denied.

The Board has determined that the veteran does not have a current low back disability for which service connection can be established.

The Board denied the veteran's claims for increased evaluation and TDIU due to lack of evidence showing progression or worsening of his service-connected lower back disability, but found that he was not unemployable based on this condition.

The veteran's appeal is being remanded to obtain additional medical records and for further review of his claims for service connection for bilateral knee disability and low back disability, including chronic arthritis.

The VA determined that the veteran's service-connected lumbar spine injury, including strain and degenerative joint disease (DJD), does not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's low back disorder is service-connected, with presumptive service connection for post-traumatic arthritis due to his status as a former prisoner of war.

The VA denied the claim for an evaluation in excess of 30 percent for low back strain with sciatica, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or severe lumbosacral strain.