Back / lumbar spine decisions — 2007

The Board denied the veteran's request to reopen his claim of service connection for lumbar disc disease with dorsolateral intertransverse fusion of L4-S1, finding that new and material evidence had not been received.

The Board denied the veteran's claim for an effective date earlier than November 4, 1998, for the award of a total rating based on individual unemployability due to service-connected disability (TDIU) because there is no evidence that she was unemployable prior to this date.

The Board has denied the veteran's claims for an increased rating for his lumbar strain with mild L5-S1 disc herniation and entitlement to TDIU.

The Board denied the veteran's claims for increased disability ratings for her service-connected lumbosacral DDD, finding that the evidence did not support a higher rating since May 26, 2006.

The veteran's claim for a higher disability rating for his low back injury involving degenerative joint and degenerative disc disease of the lumbar spine was denied as his condition does not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA medical records. The veteran's neck condition is also being considered on both a direct and secondary basis to his lumbar spine disorder.

The Board has determined that the veteran's service-connected degenerative disc disease with osteoarthritis at the level of the fifth lumbar vertebra is currently productive of no more than a moderate limitation of motion, warranting a 20 percent evaluation.

The veteran's service-connected disabilities, including lumbosacral paravertebral myositis, satisfy the percentage requirements for TDIU. The case is REMANDED to afford the veteran a VA examination to assess whether his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that there is no evidence of a chronic bilateral knee disability, back disability, or neck disability (to include degenerative changes) related to service. The veteran's complaints of pain in these areas have not been substantiated by medical evidence and the preponderance of the evidence does not support a finding of service connection for any of these conditions.

The Board denied the veteran's claims for an initial evaluation in excess of 20 percent for spondylolysis with anterolisthesis of the lumbar spine and for an initial evaluation in excess of 10 percent for depressive disorder. The veteran was granted service connection for these conditions, but his claim for increased ratings was denied.

The Board found that the veteran's bilateral elbow condition and cervical spine and lumbar spine disabilities were not incurred in or related to his active service. The veteran was denied both service connection for these conditions and an increased rating for his cervical spine and lumbar spine disabilities.

The Board has remanded the case for additional development, including obtaining records from Fort Rucker and Fort Knox, scheduling an orthopedic examination, and readjudicating the claims.

The veteran's claims for increased ratings for his low back disability and left leg radiculopathy are being remanded due to the need for additional medical examinations and consideration of recent treatment records.

The Board has remanded the case for further development, including obtaining the veteran's service personnel records and arranging a VA psychiatric examination. The claims for PTSD, back disorder, and right shoulder disorder will be reconsidered based on the additional evidence.

The Board has remanded the case for further development due to conflicting medical opinions and a need for clarification of the veteran's back condition.

The Board found that the veteran's current low back disorder was not incurred or aggravated by service and may not be presumed to have been so incurred.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the RO has granted this rating effective September 30, 1999.

The veteran's claim for an earlier effective date for a TDIU was denied as the VA determined that his service-connected PTSD, which became effective on October 19, 2000, was more significant in determining his unemployability than his lower back disability.

The Board found that the veteran's current back condition did not have its onset during active service, did not manifest within one year of separation from active service, and is otherwise unrelated to his active service.

The Board found no evidence of a back injury during service and concluded that the current back disability is not related to military service. The claim for service connection was denied.