Back / lumbar spine decisions — 2005

The veteran's claims for service connection for various conditions are denied as there is no competent clinical evidence of any such conditions during or after his military service.

The veteran's claims for a higher rating for his low back disability and TDIU have been remanded due to the need for additional examinations.

The Board has determined that the veteran's additional lumbar spine disability, resulting from a staphylococcus (staph) infection incurred during a VA hospitalization in January 1998, is due to an unforeseeable event and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied service connection for the veteran's claimed conditions, including bilateral hearing loss, lumbar spine disorders, and lung disorder. The evidence did not support a finding of in-service injury or disease that could be presumed due to exposure to Agent Orange or other known risk factors.

The Board denied the veteran's claims for increased disability ratings for various scars and tender scars, finding that the evidence did not meet the criteria for higher evaluations under the applicable rating criteria.

The Board found that the veteran's low back disorder did not develop in service and is not otherwise related to service. The claim for service connection was denied.

The Board denied the veteran's claims for service connection for his low back disorder, including spondylolysis at L5-S1; his bilateral leg condition (claimed as degenerative joint disease); and his disabilities of the feet, toes, and in-steps. The evidence did not support a finding that these conditions were incurred or aggravated by active service.

The Board finds that the evidence is at least in equipoise as to whether the veteran has a chronic lumbosacral strain disability due to service. Service connection for lumbosacral strain is granted.

The Board has remanded the case for further development, including a VA orthopedic examination to determine the current severity of the veteran's service-connected lumbosacral strain and then readjudicate the claim.

The Board has determined that the veteran's residuals of a left zygoma fracture with silastic implant warrant a 30 percent disability rating, and his low back strain warrants a 30 percent disability rating.

The Board has determined that the veteran's current low back disability is related to his military service and grants service connection for residuals of a low back injury.

The Board has ordered a remand to obtain an examination and opinion regarding whether the veteran's lumbar stenosis status post laminectomy, L4, L5, and S1 was aggravated by one of his service-connected disabilities.

The Board has reopened the veteran's claim for service connection for residuals of an injury to the lumbar spine, but the case is remanded for further development and consideration.

The veteran's claim for an increased rating for his service-connected lumbar spondylosis is being remanded due to a change in the applicable rating criteria and the need for additional evidence, including a VA examination.

The Board has determined that the veteran's current back disability is not related to a disease or injury in service, and therefore denied his claim for service connection.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the veteran's low back disorder, including lumbosacral strain, degenerative joint disease, and degenerative disc disease, was incurred in service due to a work-related injury in 1980. The examiner concluded that these conditions are related to his military service.

The Board denied the veteran's claims for increased evaluations for his service-connected low back strain with degenerative arthritis of the lumbar spine and degenerative arthritis of the thoracic spine, as well as his claim for a TDIU.

The Board has determined that the veteran's current low back disorder is at least as likely as not related to his period of active duty service, specifically a fall from a tank in July 1977. The majority of his current disability is due to intervening events (serious on-the-job injuries), but the mild lumbar strain resulting from the in-service injury still exists.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his education and occupational experience, which allow him to engage in substantially gainful employment.