Back / lumbar spine decisions — 2005

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the veteran's lumbar spine degenerative disc disease and lower extremity neuropathy.

The VA has denied the veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the cervical spine, currently rated at 20 percent.

The Board granted service connection for a low back disorder and assigned a 10 percent rating for the ganglion cyst of the left wrist.

The Board found that the veteran does not have a psychiatric disability that is attributable to service, and denied his claim for service connection. The low back disability was also denied as there was no evidence linking it to service.

The Board has granted service connection for a lumbar spine disability, finding that the veteran's current condition is related to an in-service injury. Service connection was denied for a left knee and leg disability (ruling out radiculopathy).

The Board found that the veteran's lumbar spine disorder was not incurred in or aggravated by service and is unrelated to any incident of service. The claim for service connection was denied.

The Board found that there was no evidence of a lumbar spine injury or disease during service, and the veteran's current lumbar spine disorder is not related to his military service. As such, the claim for service connection for a lumbar spine disorder was denied.

The Board found that the veteran's low back disability was not caused or aggravated by his service-connected right knee disability, and thus denied the claim for secondary service connection.

The veteran's claim for an initial evaluation greater than 40 percent for residuals of low back strain, with chronic degenerative changes of the lumbosacral spine, with narrowing at L5-S1 was denied. The claim for a compensable evaluation for bilateral hearing loss also failed.

The veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and employment leave documentation. The case will be reviewed again after these developments.

The veteran withdrew his appeal for an increased rating for the service-connected lumbar spine disability. The issue of an initial evaluation in excess of 10 percent for the service-connected headaches is remanded to obtain additional medical records and a VA examination.

The veteran's service-connected disabilities, including depression and the residuals of a failure of the segmentation of the lumbar spine with scoliosis, a history of back strain, and compression fracture with degenerative changes, prevent him from maintaining substantial gainful employment. As such, he is granted a TDIU rating.

The Board has remanded the case for further development and consideration due to issues related to service connection, increased ratings, and TDIU.

The Board denied the veteran's claims for increased ratings for her service-connected disabilities, finding that none of the conditions met the criteria for a higher rating under either the old or new VA rating schedules.

The Board has determined that the reduction in the rating for service-connected lumbosacral strain from 40 percent to 10 percent was proper, based on improvement in the veteran's condition.

The Board found that the veteran's service-connected low back disability did not warrant a higher rating under any applicable criteria, as his symptoms did not meet or approximate the criteria for a higher evaluation.

The Board has determined that the evidence received since the last denial of service connection for low back disorder and residuals of hepatitis is not new and material, thus denying the reopening of these claims.

The veteran is seeking service connection for degenerative changes of the lumbar spine, which he claims are related to an in-service truck accident. The Board has determined that a VA examination and medical opinion are needed to determine if his current condition is related to his military service.

The Board has granted a temporary total evaluation based on the need for post-surgical convalescence due to the veteran's service-connected lumbar spine disability, effective from October 31, 2001.

The Board has remanded the case due to incomplete notification and assistance, as well as the need for additional medical examination.