Back / lumbar spine decisions — 2006

The veteran's claim for an earlier effective date and TDIU benefits is being remanded to the RO for issuance of a statement of the case.

The veteran's claim for an increased evaluation of his service-connected low back strain is being remanded due to the need for a new VA examination and updated medical records.

The Board denied the veteran's request for an earlier effective date of August 22, 2000 for the grant of service connection for a low back strain.

The Board has remanded the case for additional development, including obtaining medical records and providing corrective VCAA notice.

The Board has granted service connection for herpes zoster, finding that the veteran's recent outbreak was likely due to a pre-existing infection. Service connection for arthritis of the lumbar spine is denied.

The Board denied service connection for a back disorder and athlete's foot in final decisions. The veteran submitted new evidence, but it was not considered material as it did not provide any new information or evidence that could establish the claims.

The veteran's appeal is being remanded for additional development, including more contemporaneous VA examinations and proper VCAA notice.

The Board has determined that the veteran's service-connected herniated nucleus pulposus of the lumbar spine warrants an initial 10 percent disability rating, considering his symptoms and range of motion. The preponderance of evidence does not support a higher rating.

The Board denied the veteran's claims for an increased rating for his service-connected mechanical low back disability and secondary service connection for degenerative disc disease at L5-S1. The veteran is not entitled to a higher evaluation for his low back disorder, as there is no evidence of vertebra fracture or ankylosis. Secondary service connection was also denied.

The Board has remanded the case to the RO for additional development, including obtaining medical records and conducting a VA examination. The veteran's claim for service connection for his low back disorder is pending.

The Board denied the veteran's claims for increased ratings for spondylosis and spondylolisthesis of the lumbar spine, as well as disc disease of the lumbosacral spine. The RO considered both the old and revised criteria but ultimately determined that a rating in excess of 20 percent was not warranted.

The Board denied the veteran's claims for service connection for bronchial asthma, low back disability (including arthritis), and a psychiatric disability. The evidence did not establish a link between these conditions and her military service.

The Board has granted a 40 percent rating for lumbosacral strain, the highest available under current VA regulations.

The Board found that the veteran's currently diagnosed back disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's claims for increased ratings were denied as his service-connected low back disability and bilateral hearing loss did not meet the criteria for higher evaluations.

The Board has determined that the veteran's low back disability is service-connected, but his bilateral knee disability cannot be linked to military service.

The veteran's service-connected disabilities, including her hysterectomy, cervical spine, low back, and foot conditions, have a combined disability rating of 80 percent. These disabilities prevent the veteran from securing or maintaining substantially gainful employment.

The Board has determined that the veteran's lumbar strain with degenerative disc disease warrants a 20 percent evaluation since September 23, 2004.

The veteran's service-connected low back disorder is rated at 40 percent since September 26, 2003.

The veteran withdrew his appeal for service connection for a respiratory disorder and a head/brain condition as due to herbicide exposure during a hearing before the Board of Veterans' Appeals.