Back / lumbar spine decisions — 2009

The Board has remanded the case for further development due to missing records from SSA and OPM.

The Board has granted an increased evaluation for the appellant's service-connected lumbosacral strain and spondylolisthesis, currently rated at 40 percent. The TDIU claim is also granted as it is inextricably intertwined with the increased rating claim.

The Board found that the Veteran's surgery did not result in severe postoperative residuals, and thus denied an extension of his temporary total disability rating beyond March 31, 2003. The initial rating for degenerative disc disease of the lumbar spine was also denied as it does not meet the criteria for a higher rating.

The Board has granted an effective date of April 20, 1993 for the grant of service connection for left leg radiculopathy with pain secondary to sciatic nerve associated with chronic lumbar strain.

The Board has granted the Veteran's claim to reopen his service connection for a low back disability, finding that new and material evidence was submitted.,The Veteran withdrew his appeal regarding his psychiatric disorder claim prior to its consideration by the Board.

The Board has remanded the case due to inadequate development, including a lack of VA examination for current lumbar spine and right knee disabilities. The Veteran is requested to provide any relevant medical records and undergo VA examinations.

The Board denied the Veteran's claims of entitlement to service connection for a low back disability and hepatitis C, finding that there was no clear and unmistakable evidence of pre-existing conditions in either case. The Board also found insufficient credible evidence supporting the Veteran's allegations regarding exposure to Hepatitis C.

The Veteran's service-connected disabilities, including early spondylolisthesis and grenade fragment wound right thigh with cellulitis and lymphangitis, are rated at 40% and 30%, respectively. The Veteran meets the criteria for a total disability rating based on individual unemployability due to his service-connected conditions.

The Board found that the appellant's current back disorder was not incurred or aggravated during his period of active duty for training, and thus denied service connection.

The Veteran's claim of service connection for a lumbosacral spine disability was previously denied and is now being reopened. The Veteran's bilateral hearing loss, PTSD, left knee disability, right knee disability, and calcaneal spurs are all currently rated based on their current severity.

The Veteran's claim for service connection for chronic lumbosacral strain was received on May 27, 1998. The effective date of the grant of service connection is set to May 27, 1998.

The Veteran's appeal is being remanded for a current VA examination to determine the current level of disability due to his service-connected left knee and low back disorders.

The Board found no evidence of a back injury or disorder during service and denied the Veteran's claims for service connection. The lung disorder claim was also denied.

The Veteran's initial claim for a higher evaluation for his herniated lumbar disc at L5-S1 was denied. Service connection for cervical spine disorder and paresthesias of the left upper extremity were also denied.

The Veteran's claims for increased evaluations and service connection are addressed in the decision. The Board found that new and material evidence has been received to reopen several previously denied claims, but did not grant any of the individual claims due to lack of evidence supporting the claims or because they were otherwise not supported by the preponderance of the evidence.

The Board found that the Veteran's current back disability is not related to his active service or a service-connected condition, and thus denied the claim for service connection.

The Board has granted an initial evaluation of 20 percent for the appellant's lumbar spine disability, effective from March 2004. The claimant is seeking higher evaluations for her right lower extremity radiculopathy.

The Board has denied the Veteran's claim for service connection for a lower back disability and his attempt to reopen his claim for coronary artery disease, post myocardial infarction. The Board found that the Veteran's current back condition is not related to service and concluded that there was no evidence linking his current coronary artery disease to service.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence, as well as his claim for a deviated nasal septum disability.

The Veteran's claim for TDIU is being remanded due to unclear evidence regarding his employability.