Back / lumbar spine decisions — 2007

The veteran's service-connected cervical and lumbar spine disabilities precluded him from securing or following a substantially gainful occupation as of March 1, 1999. The effective date for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is set at March 1, 1999.

The Board denied the veteran's claim for service connection for a back condition, finding that new and material evidence had not been presented to reopen his previous denial.

The Board has determined that the veteran's appeal for an increased rating for his cervical spine disability was timely filed. The current evaluation of 20 percent is found to be appropriate based on moderate limitation of motion.

The Board has granted service connection for left hip strain and degenerative changes of the lumbar spine on a secondary basis as these conditions are aggravated by service-connected disabilities.

The veteran's service-connected low back disability did not worsen to the extent that it precluded him from performing his job duties. The Board denied the veteran's request for additional vocational rehabilitation training as he was found rehabilitated in December 1998 and no current facts show any worsening of his condition.

The veteran's overpayment of disability compensation benefits was denied because the debt creation was not against equity and good conscience, as he had some fault in its creation.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for a back disability, which was previously denied in December 1970. The Board finds that the April 2004 VA medical opinion relating thoracic spine compression/wedging to injury in service raises a reasonable possibility of substantiating the claim.

The Board has remanded the case due to incomplete records and a need for further examination regarding the veteran's claimed low back and right knee disorders.

The veteran's claims for service connection are being remanded due to the need to obtain additional VA treatment records and ensure all duty-to-assist obligations have been met.

The Board has determined that the veteran's claims for service connection for dyspepsia, back disorder, fatigue, bilateral leg pain, and photophobia cannot be granted as they are not related to undiagnosed illnesses or service. The evidence does not support a finding of service connection based on these conditions.

The Board has denied the veteran's claims for service connection for chronic gliosis of the left tempero-occipital region and a right knee disability, both on the basis that there is no evidence of a nexus to service. The low back disability claim remains pending.

The Board has remanded the case due to insufficient reasons and bases in its August 2005 decision, specifically failing to consider an April 1943 in-service physiotherapy clinical note. The veteran's claim for service connection for residuals of a back injury is now pending with instructions for further development.

The Board found that the veteran's current diagnosed back disorder did not originate in service and denied his claim for service connection.

The Board has determined that the veteran's lumbosacral strain warrants a rating of 20 percent, effective from the date of the July 1995 rating decision.

The Board has determined that the veteran's service-connected low back strain with degenerative disc disease, lumbar spine, with limited motion does not warrant a rating in excess of 40 percent. The evaluations for his peripheral neuropathy of the right and left lower extremities are also denied as they do not meet the criteria for an increased evaluation.

The veteran's appeal is being remanded due to incomplete service records. The Board requests additional verification of the veteran's National Guard service and seeks updated medical records from his active duty for training (ACDUTRA).

The VA determined that the veteran's back disability did not warrant a rating in excess of 10 percent from January 29, 1998 to February 15, 1999 and 40 percent from February 16, 1999.

The veteran's claim for a higher initial rating for PTSD was denied. The claim to reopen his low back disability service connection was also denied due to lack of new and material evidence.

The veteran's low back disability was found to not meet the criteria for a compensable rating prior to November 15, 2006 and did not warrant an increased rating beginning that date.

The Board has determined that there is no evidence showing hepatitis, hypertension, low back disability, or psychiatric disorder were incurred in service and are not otherwise related to service. As a result, the veteran's claims for these conditions have been denied.