Back / lumbar spine decisions — 2008

The Board has determined that the veteran's current low back disorder is not related to his military service and thus denied his claim for service connection.

The veteran's claim for a higher initial rating for his degenerative disc disease with grade I spondylolisthesis of L5-S1 prior to September 29, 1999 was denied. The effective date for the award of TDIU due to service-connected disabilities is set at November 15, 2002.

The Board found that the veteran's low back disability and bilateral eye disability were not related to his service, thus denying service connection for both conditions.

The VA denied the veteran's claims for a higher rating for his service-connected traumatic arthritis of the lumbar spine and denied service connection for arthritis of the legs and hips, as well as TDIU.

The veteran was granted a TDIU effective February 14, 2000, based on his service-connected PTSD and low back disability. The Board found that it was factually ascertainable that the veteran's difficulties maintaining employment were related to his service-connected disabilities as of this date.

The veteran's appeal is being remanded for further VA examinations to determine if his service-connected disabilities preclude him from obtaining or retaining substantially gainful employment.

The veteran's claims for service connection for a back disability, forehead scar, and flat feet were denied. The Board found no new and material evidence to reopen the claim for a back disability, and concluded that his current disabilities are not related to his military service.

The veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following any substantially gainful employment, warranting a TDIU rating.

The Board found that the veteran's low back disorder did not develop during service and is not related to any in-service event. The claim was denied.

The Board has determined that the veteran's bilateral hearing loss and low back disabilities are not service-connected, as there is no clear evidence of in-service onset or aggravation. The claim for a low back disability was granted.

The Board has remanded the case for additional development and readjudication, including obtaining VA spine and joints examinations to determine if any low back or shoulder disability is related to military service.

The Board has decided to remand the case for further development, including a VA examination and clarification of whether the veteran wishes to withdraw his appeal.

The Board denied the veteran's claims for earlier effective dates of service connection for Post-Traumatic Stress Disorder, Low Back Disability, and Cervical Spine Disability. The effective date for PTSD was set at April 6, 1992, as this is when the claim was received. For Low Back Disability and Cervical Spine Disability, the earliest dates of service connection were July 31, 2000.

The veteran's vertigo is currently rated at 30 percent, which is the maximum available under VA guidelines. His chronic lumbar strain with degenerative changes and thoracic pain is rated at 20 percent since October 17, 2006.,Service connection for a disability of the right shoulder has been denied.

The Board has ordered a comprehensive VA examination and opinion to determine if the veteran's current low back condition is related to his service-connected traumatic arthritis of the left knee, as well as whether any other conditions are related to active duty or National Guard service.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he failed without good cause to report for a necessary examination and that there was no evidence of unemployability as a result of his service-connected conditions.

The Board has determined that the veteran's current back disorder is not related to his service, and thus denied his claim for service connection.

The Board is remanding the low back claim to the RO for additional development and consideration.

The Board has remanded the case due to incomplete records and a need for an examination.

The VA determined that the veteran's low back disability, characterized as mechanical low back pain with minimal short leg and history of scoliosis, does not warrant a rating in excess of 10 percent since March 25, 2004.