Back / lumbar spine decisions — 2008

The veteran was awarded TDIU with an effective date of September 20, 2003. The RO found that the service-connected disabilities rendered him unable to follow a substantially gainful occupation one year prior to his application for TDIU.

The veteran's claims for service connection for various conditions, including bladder cancer and cluster headaches, are being remanded due to the failure of the veteran to appear at a scheduled hearing.

The Board denied the veteran's claims for an increased evaluation for spondylolisthesis of the thoracolumbar spine and a TDIU. The veteran's service-connected condition is currently rated at 40 percent, which corresponds to forward flexion greater than 60 degrees but not greater than 85 degrees in the cervical spine or combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. The veteran's disability does not meet criteria for a higher rating.

The veteran is seeking to reopen his claim of service connection for a low back disability. The RO has requested additional evidence and will review the case de novo.

The veteran's claim for an increased disability rating for her low back condition was denied, and she is not entitled to service connection for bilateral peripheral neuropathy as secondary to her low back condition.

The Board granted a 40 percent rating for lumbar disc disease effective December 17, 2001. The veteran's claim for an earlier effective date was also granted.

The veteran's service-connected low back pain with disc protrusion is rated at 40 percent effective July 21, 2005.

The veteran's service-connected left tibia and fibula fracture residuals are currently rated at 20 percent, while his low back disorder is rated at 10 percent prior to October 30, 2007, and 20 percent thereafter. The claims for increased ratings have been denied.

The Board found that the veteran's service-connected lumbosacral strain with degenerative disc disease is currently manifested by painful forward flexion to 90 degrees and moderate symptoms, which does not warrant a rating in excess of 20 percent.

The veteran's claim for an initial disability rating in excess of 20 percent for degenerative joint disease of the lumbar spine is being remanded due to a need for additional development, including obtaining treatment records from Wilford Hall Medical Center.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for a back disability. The December 1999 rating decision is considered final, and thus the current application cannot be reopened.

The Board denied service connection for acquired scoliosis and thoracolumbar spine arthritis as secondary to the veteran's service-connected left shoulder disability.

The veteran's claim for increased evaluations for low back strain is being remanded to allow for further development, including a VA examination and consideration of extraschedular considerations.

The Board has determined that the veteran's low back disability is at least as likely as not related to his period of active service, and thus grants service connection for this condition.

The Board denied the veteran's claims to reopen his service connection for bilateral knee disorder and low back disorder due to lack of new and material evidence.

The Board found no evidence linking the veteran's current back condition to his military service and denied his claim for service connection.

The Board has remanded the veteran's claims for service connection due to incomplete records and unverified stressors. The case will be returned to the RO for further development.

The Board denied service connection for PTSD and a back disorder, finding no current diagnosis of PTSD. The Board also found that the veteran did not have a low back disorder incurred in or aggravated by active service. Service connection was granted for a left ankle disorder based on evidence showing it is related to service.

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

The veteran's service-connected lumbar spine and bilateral knee disabilities were evaluated, but the claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under the applicable rating schedule.