Back / lumbar spine decisions — 2007

The veteran's combined evaluation of 70 percent from January 1, 2002 meets the schedular requirements for a grant of entitlement to individual unemployability. However, further examination is needed to determine if his service-connected disabilities interfere with his ability to work.

The VA determined that the veteran's current back disorder is not related to his active duty service and cannot be presumed to have been incurred therein. The evidence does not support a finding of service connection.

The Board has remanded the case for VCAA compliance and issuance of a Statement of the Case (SOC). The veteran's claims for service connection for non-cardiac chest pain, left knee strain, and lumbar spine strain are pending.

The veteran's low back disability, rated at 40 percent since September 28, 2001, is considered severe with no more than favorable ankylosis of the entire thoracolumbar spine, degenerative disc disease with recurring attacks and intermittent relief, and no more than mild neurologic manifestations.

The veteran's claims for hiatal hernia, diverticulitis, elbow disability, eye disability, heart condition, and prostate disability due to VA treatment are all denied.,The veteran's claim of entitlement to service connection for frostbite of the feet is not reopened.

The veteran's claims for increased ratings and service connection were denied. The cervical spine DJD was rated at 30 percent, TMJ dysfunction varied in rating based on interincisal range of motion, dysthymic disorder was rated at 30 percent, lumbar spine DJD with sciatica was not related to service or any applicable presumptive period, and seizures were not incurred in or as a result of active duty service.

The veteran's claim for a higher initial evaluation for mechanical back pain with degenerative disc disease of the lumbar spine was granted, but his request for an earlier effective date prior to December 27, 2002 for service connection remains denied.

The Board has remanded the veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his heart disease and low back disability. The case will be returned to the AMC for further examination and consideration.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his claimed disabilities.

The veteran's service-connected back disability is now rated at 20 percent, the maximum rating available under VA guidelines.

The veteran's claim for a TDIU is being remanded due to the need for additional information and evidence regarding his service-connected disabilities and their impact on his employability.

The Board denied the veteran's claims for service connection for a low back disability and a chronic headache disorder, finding that new and material evidence had not been received to reopen his previously denied claims.

The Board found that the veteran's back disability did not manifest during service and is not related to his period of active duty. The claim for service connection was denied.

The Board has determined that the veteran's current low back disorder is related to his military service and granted service connection.

The Board has remanded the veteran's claims for additional development due to missing service medical records and the need for a new VA examination.

The Board dismissed the appeal due to the veteran's death, and thus no decision on the merits can be made.

The Board denied the veteran's claim for a rating in excess of 40 percent for osteoarthritis of the thoracolumbar spine with wedging at T-12, and granted a separate 20 percent rating for residuals of a compression fracture of the dorsal spine.

The Board has determined that there is no current right leg disorder or low back disorder for which service connection can be granted.

The veteran's lumbosacral strain is rated at 10 percent, the maximum available under current criteria.,The psychiatric disorder (major depressive disorder and dysthymic disorder) is rated at 30 percent, which is the maximum available under current criteria. The RO increased this rating to 30 percent in November 1997.

The veteran's chronic fatigue, degenerative disc disease of the cervical spine, and degenerative disc disease of the lumbosacral spine have been granted service connection as due to an undiagnosed illness. The left ear hearing loss claim remains pending.