Back / lumbar spine decisions — 2005

The Board denied the veteran's claim for service connection for a low back disorder due to an injury that occurred during his Merchant Marine service in 1946, which is outside of the recognized active duty period. The appeal was dismissed as a matter of law.

The veteran's claim for a higher rating for his service-connected degenerative joint and disc disease of the lumbar spine is being remanded to allow for additional development, including a VA examination.

The veteran's claim for an increased evaluation of his low back strain was denied, and the Board found that he did not meet the criteria for TDIU benefits prior to January 13, 2005. The current rating of 40% is based on lumbosacral strain.

The veteran's claim for an increased rating for chronic lumbar strain with DDD was denied as his disability does not meet the criteria for a higher rating. The claim for temporary total rating due to hospitalization was also denied.

The veteran is entitled to a compensable rating of no more than 20 percent for his service-connected low back disorder, with approximately 50 percent of the impairment attributed to the service-connected disability and the other 50 percent due to post-service injury.

The Board denied the veteran's claim for service connection for degenerative disc disease of the thoracic spine, finding that there was no evidence to support a link between his current condition and his military service.

The Board denied service connection for lumbar strain and spondylolisthesis, finding that the veteran's current back disability was a result of post-service injuries and degeneration of his congenital abnormality.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that his symptoms did not warrant a rating higher than 10 percent.

The Board has granted a rating of 30 percent for the veteran's degenerative arthritis of the thoracic and lumbar spine, effective from September 8, 2001.

The Board has granted service connection for lumbosacral strain and denied service connection for post-traumatic neurosis/conversion hysteria, chronic depression, and anxiety disorder.

The Board has determined that the veteran's current low back disorder was caused by her military service and grants service connection for a low back disorder.

The Board found no evidence of a current, chronic upper back disability related to service or the service-connected low back disability. The veteran's complaints and symptoms were not supported by medical evidence.

The Board has remanded the case for further development due to insufficient evidence regarding whether any identified low back or right hip disorder is related to service.

The Board has granted service connection for a rotator cuff tear, left shoulder and arthritis of the lumbar spine.

The veteran's degenerative disc disease of the lumbosacral spine is manifested by pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, characteristic pain, and demonstrable muscle spasm. The Board has determined that a disability rating of 60 percent, but no more, for this condition is warranted.

The Board has remanded the case for further development due to insufficient evidence regarding the nature and etiology of the veteran's claimed eye disorder, stretch marks, and low back disorder.

The Board has reopened the veteran's claims of service connection for low back, cervical spine, and right shoulder disorders. However, the evidence does not support a finding that these conditions are related to military service.

The Board found that the reduction in rating from 100% to a combined rating of 80% was proper, and thus denied restoration of the original 100% rating. Special monthly compensation for the period from January 1, 2003 to April 12, 2003 was also denied.

The veteran's appeal is being remanded for additional VA examinations to determine the current severity of his service-connected low back strain, residuals of a thoracic spine injury, and hemorrhoids. The RO will then address the increased disability rating claims.

The veteran's combined rating of 70 percent for his service-connected disabilities was revised to 90 percent due to CUE in the February 10, 1949 rating decision. The effective date for a total disability rating based on individual unemployability is set at December 6, 2002.