Back / lumbar spine decisions — 2010

The Veteran's back disorder was incurred in service and the Board granted service connection for spondylosis of the lumbar spine involving L4-L5, and L5-S1.

The Board has declined to reopen the claims for PTSD, cervical spine disability, and lumbar spine disability. The Veteran's new evidence does not raise a reasonable possibility of substantiating these claims.

The Board has remanded the Veteran's claims due to incomplete STRs and the need for additional VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting VA examinations to determine the nature and etiology of his claimed low back disorder, right thigh disorder, and acquired psychiatric disorder.

The Veteran's claim for a total disability rating by reason of individual unemployability (TDIU) is being remanded due to the need for additional evidence regarding her employment status and functional impairment caused by her service-connected disabilities.

The Veteran's claims for service connection for a chronic complex partial seizure disorder and a chronic low back disorder have not been granted. The claim for service connection for the complex partial seizure disorder has been reopened, but the low back disorder claim remains denied.

The Board has remanded the case for additional development, including obtaining VA examinations to determine if the Veteran's right knee and low back disorders are related to his service-connected left knee disability.

The Board has granted the Veteran's claims for restoration of a 40 percent rating for low back disability, assignment of an effective date prior to September 16, 1991, for the assignment of a 60 percent disability rating for low back disability, and total disability rating based on individual unemployability due to service-connected disabilities. The Veteran's service-connected conditions are found to meet the criteria for these benefits.

The Board denied a higher initial rating for the Veteran's service-connected lumbosacral spine injury with degenerative changes and dismissed his claim for an earlier effective date. The appeal is now remanded to obtain a VA examination and consider new lay evidence.

The Veteran's claim for an increased rating for his lumbar spine DDD was granted, with a current rating of 20 percent.

The Veteran's low back disability has been manifested by complaints of pain with recurring attacks and intermittent relief, limitation of motion, and an altered gait. The Board found that the criteria for a higher rating were not met.

The Veteran's appeal for service connection for a lower back disability has been dismissed as he withdrew his appeal prior to the Board's decision.

The Veteran's service-connected chronic lumbar strain with degenerative disc disease at L5-S1 is rated at 20 percent since February 26, 2008.

The Board found that the Veteran's gastrointestinal tract problems, esophageal dysmotility, low back pain and degenerative joint disease, neck pain and degenerative joint disease, muscle pain and weakness, gall bladder condition, and right kidney cyst did not manifest during or as a result of active military service. The claims were denied because there was no evidence to support the Veteran's contention that these conditions are secondary to any service-connected disability.

The Board denied the Veteran's claims for service connection for residuals of a left foot injury, an irregular heartbeat, pain in his lower legs, a low back disorder, and prostate problems due to exposure to Agent Orange. The Board found that there was no current disability for any of these conditions, and that the evidence did not support a finding of service connection based on exposure to herbicides.

The Veteran's low back disorder and right knee arthritis are not service-connected or warrant an increased rating.

The Veteran's claim for a higher disability rating for his service-connected lumbosacral strain/sprain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has denied the Veteran's request to reopen his claim of service connection for a low back disorder, including thoracolumbar scoliosis, as secondary to a right tibial stress fracture. The evidence received since the November 2004 rating decision does not raise a reasonable possibility of substantiating the claim.

The Board finds that the Veteran's low back disability is not related to his service and denied his claim for service connection. His eligibility for non-service connected pension benefits was also denied due to his incarceration.

The Board determined that the Veteran's back disorder and pneumonia were not incurred in or aggravated by his military service.