Back / lumbar spine decisions — 2005

The veteran's multiple service-connected disabilities, including chronic back pain, left-sided weakness from a stroke, and PTSD, render him unable to engage in substantially gainful employment. The Board finds that he is unemployable due to his conditions and grants a permanent and total rating for pension purposes.

The veteran's initial ratings for lumbosacral strain, paresthesias of the right lower extremity, and paresthesias of the left lower extremity have been denied.,The RO has not assigned any compensable rating to these conditions.

The veteran's claim for an increased evaluation for his postoperative lumbar laminectomy is being remanded due to the need for a VA examination under the revised spine regulations and consideration of the amended rating criteria.

The Board granted service connection for chronic low back strain and assigned a 40 percent rating effective May 6, 2004. The claim of entitlement to service connection for spondylolisthesis of L5-S1 is remanded.

The Board has denied the veteran's claims for service connection for low back pain and sinusitis, finding no new and material evidence to reopen these claims. The heart condition claim was also denied as there is no competent medical evidence of a current disability.

The Board has denied the veteran's claims for service connection for a back disorder, hemorrhoids, headaches, and PTSD. The evidence does not support a finding that these conditions are related to service.

The Board denied service connection for various conditions, including skin rash, fatigue and headaches, nervous symptoms, low back pain, shortness of breath, and a right little finger injury, all presumed to be related to Gulf War service.

The veteran's claims for service connection for cervical and lumbar spine arthritis are being remanded to the RO for scheduling a videoconference hearing before a Veterans Law Judge of the Board.

The veteran's claim for a higher rating for his degenerative disc disease, L4-L5, L5-S1 with chronic low back pain was denied as the medical evidence did not support a higher evaluation under either the pre-amended or amended VA regulations.

The veteran's mild circumferential disc bulge at L4-5 with mild central canal stenosis and chronic low back pain has not resulted in intervertebral disc syndrome that is pronounced, or incapacitating episodes of six weeks duration. Therefore, the current rating of 40 percent for this condition remains unchanged.

The Board has granted the veteran's claim for service connection for an acquired psychiatric disorder, including major depression with psychotic features and schizophrenia. The Board also found that the veteran had a lumbar spine strain and sprain, right shoulder injury, cervical spine condition, anal fissures, and hemorrhoids that are presumed to have been incurred in service.

The Board denied the veteran's claim for service connection for a back disability and his basic eligibility to receive pension benefits due to lack of qualifying service.

The Board denied the veteran's claims for service connection for a low back disability and for a 10 percent evaluation for multiple noncompensable service-connected disabilities, finding that there was no evidence to support these claims.

The Board found that the veteran's current back disability is causally related to his in-service injury, and granted service connection for degenerative arthritis of the thoracolumbar spine with a compression injury of T-12.

The Board denied the veteran's claims for service connection and increased ratings for his cervical spine disorder, thoracolumbar spine disability, and allergic rhinitis. The evidence did not support a finding of service connection or entitlement to higher ratings.

The Board has remanded the case for further development, including obtaining a VA examination and opinion regarding the veteran's claimed bilateral knee disorder and back disorder.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 40 percent.

The Board denied the veteran's claim of service connection for a lumbar spine disorder, finding that new and material evidence had been submitted to reopen the claim. The case was remanded due to insufficient analysis regarding the presumption of soundness and aggravation.

The Board found that the veteran does not meet the criteria for PTSD, and his degenerative disc disease of the spine and degenerative joint disease of the spine were not incurred in service.

The Board denied increased ratings for the veteran's service-connected lumbosacral strain with secondary degenerative arthritis, thoracic spine degenerative arthritis, right ankle fracture and chronic synovitis, and left ankle degenerative arthritis.