Back / lumbar spine decisions — 2005

The veteran's disability rating for lumbar spine spondylolisthesis was reduced from 60% to 40%, but the Board found that restoration of the 60% rating is warranted due to improvement in his range of motion. The total disability rating based on individual unemployability was not terminated as there was no clear and convincing evidence showing actual employability.

The Board has ordered a remand to determine if the veteran's service-connected chronic fibromyositis of the lumbar paravertebral muscles and perceptive deafness caused him to be unable to obtain and retain substantially gainful employment.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are related to injuries sustained during active service, leading to a grant of service connection.

The VA denied the veteran's claims for an increased evaluation and TDIU due to his service-connected low back injury, as it did not meet the criteria for a higher rating or TDIU.

The veteran's appeal is being remanded for additional development, including a neurological examination to assess the current nature and severity of his spine disability.

The veteran's claims for service connection for stomach ulcer, left inguinal hernia residuals, and low back disorder have been denied as there is no competent clinical evidence of current disability or chronicity during or subsequent to service.

The veteran's claimed conditions were not incurred or aggravated by service, and the Board finds no credible evidence linking any of his current disabilities to service.

The veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar and cervical spine are being remanded to allow for additional development, including a VA examination and consideration of both old and revised rating criteria.

The veteran's appeal is being remanded for additional development to determine the validity of his service connection claims, including obtaining medical records and conducting examinations.

The Board has remanded the case for additional development due to a failure to comply with prior remand instructions.

The Board denied the veteran's claim for an effective date earlier than September 29, 1997 for a TDIU due to lack of evidence showing that his service-connected PTSD and back disorder had caused him to be unemployable prior to that date.

The Board has remanded the case for further development, including obtaining a panel of orthopedists to provide opinions on whether the veteran's arthritis of the lumbar spine is related to military service and if it manifested within one year after separation from service.

The Board found no evidence to support a direct service connection for the veteran's low back disorder. The examiner opined that there were no residuals from the service-connected automobile accident and sprain, and thus the current condition is not related to service.

The Board has remanded the case for further development, including a VA examination to assess the impact of service-connected disabilities on the veteran's employability.

The Board has determined that the veteran's arthritis of the hips and lumbar spine was not incurred in or aggravated by service, and may not be presumed due to his exposure to extreme cold during service.

The Board has granted the veteran's application to reopen his claim of entitlement to service connection for post-operative lumbar spine degenerative disc disease and has determined that he is entitled to this benefit. The issue of an increased disability evaluation for his lumbosacral strain residuals with spina bifida remains pending.

The Board found that the veteran's back disorder, heart disorder, and diabetes were not incurred or aggravated during his active service. The claims for these conditions were denied.

The Board has determined that the proper effective date for an award of a total rating by reason of individual unemployability due to service connected disabilities is January 22, 1992.

The veteran's service-connected lumbosacral spine disability with foot drop is rated at 60 percent, effective December 5, 1994. The RO granted the requested increased rating.

The veteran is seeking service connection for a low back condition that he believes was caused or aggravated by his service-connected bilateral foot condition. The Board has ordered the case to be remanded for further development, including obtaining medical records and scheduling an examination.