Back / lumbar spine decisions — 2008

The Board finds that the offset from VA disability compensation for payments under OWCP was proper because the veteran received OWCP benefits for his service-connected cervical and lumbar spine disabilities.

The veteran's appeal is being remanded for additional development, including obtaining his vocational-rehabilitation file and scheduling a VA examination. The issues of increased ratings for left knee disorder and Tietze's syndrome are also being remanded.

The Board found that the veteran's low back disability was not incurred in or aggravated by service, and is not proximately due to, the result of, or aggravated by a service-connected disability. Therefore, the claim for service connection was denied.

The Board granted an initial rating of 40 percent for the veteran's lumbar spine disability, effective July 17, 2002. The decision also denied entitlement to total disability rating based on individual unemployability (TDIU).

The veteran's appeal is being remanded due to the need for a video conference hearing before a Veterans Law Judge.

The Board found that the veteran's current diagnosed low back disabilities did not occur or first manifest during active duty service and are not related to his military service. As a result, the claim of service connection for a low back disability is denied.

The veteran's initial claim for service connection was granted, and he received a 10 percent rating for degenerative disc disease of the lumbar spine effective June 15, 2001. The RO later increased his rating to 20 percent as of November 2, 2007, for radiculopathy.

The Board denied the veteran's claim for service connection for a back disability, finding that there was no evidence of a link between his current condition and his military service.

The veteran's claim for a higher disability rating for his lumbar spine condition is being remanded due to the need to obtain and consider SSA records, as well as schedule him for an appropriate VA examination.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a low back disorder. The preponderance of the evidence established that the veteran's current low back disability was not related to his military service or to his left elbow disability.

The veteran's appeal is remanded due to the inextricability of his service connection and increased rating claims. The AOJ must adjudicate both issues, provide proper VCAA notice, obtain relevant private treatment records, and then readjudicate the case.

The Board denied the veteran's application to reopen her claim for service connection for low back pain, finding that new and material evidence had not been submitted.

The veteran's service-connected degenerative disc disease at L3 to S1 with disc bulging at L3-L4 and L5-S1 does not meet the criteria for a higher rating as it does not include thoracolumbar spine motion being limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine, nor do symptoms due to intervertebral disc syndrome that require bed rest prescribed by a physician having a total duration of at least 4 weeks but less than 6 weeks during a 12-month period.

The Board has determined that further action is needed to address the veteran's claims for service connection due to incomplete records and need for medical examination.

The Board denied the veteran's claims for increased disability ratings for his service-connected lumbar syndrome with degenerative disc disease, finding that there was no evidence of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome during the periods in question.

The Board has remanded the case for additional development due to incomplete service treatment records and outstanding post-service medical records.

The Board has determined that the veteran's DDD of the neck and low back did not occur during service or due to any incident therein, and therefore denied his claim for service connection.

The veteran's initial rating for his service-connected thoracolumbar spine disability was granted at 20 percent effective February 11, 2004. The claim remains in appellate status as the veteran is seeking an increased rating prior to January 4, 2006.

The Board has remanded the case for additional development due to missing VA treatment records and other actions as appropriate.

The Board previously denied service connection for a back disorder in November 1953. The veteran is seeking to reopen his claim based on new evidence, and the AOJ needs to obtain additional VA treatment records related to his back disability.