Back / lumbar spine decisions — 2005

The veteran's reactive airway disease is rated at 30 percent, and he has been granted service connection for a small patent foramen ovale. Other claims of service connection are denied.

The veteran's service-connected disability, described for rating purposes as chronic low back strain with degenerative disc disease and ankylosing of the spine, is productive of severe limitation of motion but without neurological symptoms or unfavorable ankylosis of the entire thoracolumbar spine. The criteria for entitlement to a higher disability rating have not been met.

The veteran's appeal for increased ratings and an earlier effective date for TDIU was denied. The RO found that the veteran did not meet the schedular criteria for a higher rating from December 2, 1997 to January 8, 2001, and that he did not qualify for a permanent TDIU prior to January 9, 2001.

The Board found that the veteran's service-connected low back disability did not more nearly approximate severe lumbosacral strain or intervertebral disc syndrome with incapacitating episodes requiring bed rest for at least 4 weeks but less than 6 weeks. Therefore, an initial rating in excess of 20 percent was denied.

The veteran's service-connected back disability was reevaluated as 60% disabling, which did not meet the criteria for an extension of his eligibility period under Chapter 31.

The veteran withdrew his appeal of the issue of entitlement to service connection for hypertension during a hearing before the Board. The remaining issues are remanded for further development.

The veteran's appeal is being remanded due to the need for additional development and readjudication of his claims.

The Board has determined that the current low back disability, including degenerative disc disease, is not related to a service injury in July 1976 and more likely resulted from an on-the-job injury in December 1986.

The veteran's claims for service connection for neck and low back disabilities, as well as PTSD, are being remanded due to the need for additional development of evidence.

The Board has determined that the veteran does not have an undiagnosed illness manifested by symptoms involving a mental disorder, bronchial asthma, costochondritis or lumbar pathology. The back condition is also not related to service.

The VA has determined that the veteran's degenerative disc disease of the lower thoracic and lumbar spines with facet arthropathy warrants a 20 percent evaluation, effective from the date of the initial claim.

The Board denied increased ratings for the veteran's service-connected low back injury and bilateral hearing loss.

The Board found that the appellant does not have a current right knee disability and denied service connection for both right knee and low back disabilities. The low back disability was not incurred or aggravated by active military service, nor is it proximately due to any service-connected disability.

The Board finds that the preponderance of evidence is against finding a low back disorder due to military service, and thus denies the claim for service connection.

The Board has determined that the veteran's post-service degenerative disc disease of the lumbosacral spine was neither incurred in nor aggravated by active service.

The Board has determined that the veteran's low back disorder and impotence were not incurred or aggravated by service. The evidence does not support a finding of service connection for these conditions.

The veteran's left ear hearing loss and low back disorder were not service-connected. The veteran was granted service connection for bilateral pes planus, which he had prior to enlistment.

The Board has granted a higher rating of 30 percent for the service-connected cervical strain with degenerative disc disease, effective as of September 26, 2003.

The veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The veteran's service-connected disabilities, including PTSD, thoracic outlet syndrome, low back pain syndrome, and hiatal hernia, precluded all substantially gainful employment for the period from September 5, 2000 to March 8, 2001. The Board granted entitlement to TDIU based on these service-connected disabilities.