Back / lumbar spine decisions — 2005

The Board found that the veteran did not timely perfect an appeal of his increased disability rating for chronic lumbar strain, and denied his claim for a total disability rating based on individual unemployability due to lack of evidence showing he was unable to secure or follow substantially gainful employment solely from his service-connected disabilities.

The Board denied the veteran's claims for service connection for a low back disorder including arthritis of the lumbosacral spine, generalized arthritis, and bilateral knee disabilities. The claim for hypertension was also denied.

The Board has granted the veteran's claim of service connection for a lumbar spine disorder, finding that his current condition is at least as likely as not related to an in-service injury sustained during combat.

The Board has denied the veteran's claim for an initial evaluation in excess of 20 percent for lumbosacral strain, finding that his disability picture is not more than moderately disabling.

The Board has remanded the case for additional development and to schedule a travel board hearing.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by active service and is denied.

The Board has denied the veteran's claims for service connection for psychiatric disorders, cold sores, and low back disorder due to a lack of evidence connecting these conditions to his military service.

The Board has denied the veteran's claims of service connection for a lumbar spine disorder and a right hip disorder, finding that there is no new and material evidence to reopen these claims.

The veteran's claim for a higher rating for his degenerative joint disease of the lumbar spine was granted, with a 40 percent evaluation effective November 23, 2004.

The veteran's claims for increased ratings and service connection were denied. The Board found that the medical evidence did not support the requested benefits.

The Board found that the veteran's mechanical low back pain does not meet or approximate the criteria for a higher rating than 20 percent under the old VA rating criteria. The evidence did not show severe limitation of motion, loss of lateral spine motion, or other manifestations warranting a higher evaluation.

The Board denied the reopening of a claim for service connection due to lack of new and material evidence, maintaining that there was no medical evidence linking current neck and back disorders to military service.

The veteran's appeal is being remanded for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The March 1945 rating decision did not address the veteran's claims for service connection for a bilateral foot disorder and a back disorder. The October 1954 rating decision that reduced his psychiatric disability from 50% to 10% is not considered clear and unmistakable error.

The veteran's claims for service connection and an increased rating are being remanded due to the need to obtain additional medical records.

The Board has remanded the case for further development due to inadequate examination and incomplete evidence.

The veteran's claims for service connection for bilateral leg, left ankle, and lumbosacral spine disabilities have been denied as these conditions are not related to his active duty service.

The Board has ordered additional development of the veteran's service medical records to determine if there are any relevant records that may support his claim for a lumbar spine disability. The case will be remanded for further review.

The Board has determined that the veteran's current low back disorder and psychiatric disorder were not incurred in or aggravated by active service.,There is no evidence of any back injury during service, and the current condition was first manifested many years after service.

The Board has decided to remand the case for further development, including a VA examination.