Back / lumbar spine decisions — 2005

The Board denied the veteran's claim for service connection for spina bifida of the lumbar spine, spondylolisthesis of the lumbar spine, residuals of a back injury, degenerative disc disease of the lumbar spine, and degenerative joint disease of the lumbar spine. The claims were not reopened due to lack of new and material evidence.

The veteran's claim for an initial evaluation in excess of 20 percent for mechanical low back pain was denied. The RO granted a 10 percent evaluation effective July 22, 1997, and later increased it to 20 percent effective the same date.

The Board has remanded the case due to the need for a VA spine examination and to ensure that all notification and development action required by The Veterans Claims Assistance Act of 2000 is completed.

The veteran's claim for an increased disability rating for his service-connected lumbar strain was denied by the RO. The case was remanded, but no additional evidence or examination was provided before a final decision could be made.

The Board found that the veteran's current low back disability is not related to his service-connected tender scar of the right hip or to any in-service complaints, and arthritis was not shown within one year of discharge. Therefore, the claim for service connection was denied.

The Board found no evidence to support the veteran's claim of service connection for joint pain, attributing it to his already service-connected degenerative disc disease. The issue regarding service connection for the lumbar spine was not addressed as it had been resolved.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease and degenerative joint disease. The remaining issues of entitlement to service connection for other claimed conditions are remanded for further development.

The Board has determined that the veteran does not have PTSD or a low back disorder that is service-connected. The evidence currently of record does not link these conditions to his military service.

The veteran's claims for increased rating and TDIU have been remanded due to the need for additional examinations, development of records, and consideration of his service-connected disabilities in determining whether he is unemployable.

The veteran's low back disability is currently rated at 40 percent, effective January 30, 2003. The RO has also granted a separate 10 percent rating for peripheral neuropathy of the right lower extremity associated with his lumbar spine condition.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected low back disability and whether additional range of motion loss due to pain or other factors should be considered in determining an appropriate rating.

The veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for additional development and consideration of new evidence.

The Board has remanded the case for additional development due to evidence of Social Security Administration (SSA) disability benefits and medical records used by SSA in making its decisions.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for residuals of a low back injury, but it is unclear whether the appellant's current condition is related to his in-service injury.

The Board has determined that the veteran does not have a current psychiatric disorder related to his service and denied his claim for service connection. For his degenerative disc disease, the Board found no evidence of aggravation or new onset during service, and thus denied an increased evaluation.

The Board has determined that the veteran's current lumbar spine disability, diagnosed as chronic low back pain, lumbar facet joint dysfunction, and status post percutaneous laser diskectomy at L4-5/L5-S1, was incurred during service. Service connection is granted.

The Board previously denied the veteran's claim for service connection. The case is being remanded to the RO for further development and consideration of the developed evidence, including a VA examination.

The veteran's claim of clear and unmistakable error in the June 1981 rating decision, denying service connection for a low back disability, is dismissed.

The veteran's service-connected disabilities have been rated appropriately based on the severity of his symptoms and medical findings.

The Board has denied the veteran's claims of service connection for otitis externa, pharyngitis, hearing loss, and low back disability. The evidence does not support a finding that these conditions are related to military service.