Back / lumbar spine decisions — 2005

The Board granted a 60 percent evaluation for the veteran's lumbar spine disorder, effective from September 23, 2002. The decision also addressed and granted TDIU based on unemployability due to the lumbar spine disorder.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for a back disorder, disability associated with the genitourinary system, and neuropsychiatric disability due to carelessness, negligence, lack of skill, or involved errors in judgment or similar instances of fault on the part of VA.,The Board found no evidence of current identifiable additional back or genitourinary disability related to the VA's treatment of the veteran's colorectal cancer. The Board also found that the veteran's DJD of the lumbar spine was not a secondary expression of his cancer problem, and his genitourinary complaints were related to prostatic hypertrophy.,The Board concluded that the preponderance of the evidence did not establish that any current back, genitourinary, or neuropsychiatric disabilities are the result of carelessness, negligence, lack of skill, or involved errors in judgment or similar instances of fault on the part of VA.

The Board denied the veteran's claims for service connection for multiple conditions, including a left upper eyelid/eyebrow scar, multiple joint pain and muscle pain, ear, nose and throat problems, and indigestion. The evidence did not support these claims.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbar spine warrants a 40 percent rating, as his condition produces impairment equivalent to severe intervertebral disc disease with recurring attacks and intermittent relief.

The veteran's appeal is being remanded due to the need for a travel board hearing.

The veteran's claims for service connection for sinusitis, right knee disorder, and low back disorder are being remanded to allow for additional development of the medical records.

The Board denied the veteran's claim for service connection for a back condition, finding that there was no evidence of in-service injury or chronic disability and that any current back disorder is not related to service.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the maximum disability rating available under the old criteria. The condition is characterized by severe limitation of motion due to pain.

The Board found that the veteran's lower back and right knee disorders are not caused or aggravated by his service-connected pes planus. As a result, the claims for service connection were denied.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination to evaluate his back disability under the new rating criteria. The issues of increased rating for lumbosacral strain and service connection for an acquired psychiatric disorder are pending.

The Board found no evidence of a current right eye disability for purposes of VA compensation. The veteran's claim for service connection for residuals of a back injury is denied as there is insufficient medical evidence to establish the relationship between his current back disorder and in-service injury.

The VA determined that the submitted evidence was not new and material to reopen the claim of service connection for a back disorder.

The Board denied the motion, concluding that the February 1972 decision did not contain clear and unmistakable error in determining that the veteran's preexisting back disorder was not aggravated during service.

The Board denied the veteran's claims for increased evaluation and TDIU ratings, maintaining a 40% disability rating for his low back syndrome.

The Board has granted an increased evaluation of 60 percent for the service-connected low back disability and awarded TDIU. The veteran's service-connected disability renders him unable to secure or follow a substantially gainful occupation.

The veteran's claims for higher initial ratings for his cervical strain, low back strain, migraine headaches, right hip disability, left hip disability, and left shoulder disability were all denied by the RO. The RO found that none of these conditions warranted a rating in excess of 10 percent.

The veteran's claim for an increased disability rating and earlier effective date for service connection were denied. The initial disability rating of 10 percent was upheld, and the effective date remained at August 28, 2002.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination to determine if the veteran's current lumbosacral strain is related to active service.

The veteran's claim of service connection for a low back disability is being remanded due to the need for further development and adjudication.

The Board has remanded the case for additional development, including a supplemental statement from the same VA physician to resolve the increased rating and secondary service connection issues on appeal.