Back / lumbar spine decisions — 2010

The Veteran's appeal for service connection for a back disorder has been withdrawn. The case is being remanded to consider the issues of initial rating for migraine headaches and TDIU.

The Veteran's lumbar spine disability has been rated at 40 percent since September 7, 2000. The Board found that the evidence did not meet the criteria for a higher rating under the old version of Diagnostic Code 5293 (intervetebral disc syndrome) as it was not severe with recurring attacks and intermittent relief.

The Board dismissed the appeal due to the Veteran's death, and thus there is no effective date for service connection.

The Board has remanded the case due to inconsistencies in the January 2007 VA examination report and a need for clarification on whether the Veteran's reported debilitating periods are considered 'flare-ups'. The Veteran is scheduled for a new VA examination during one of these flare-up periods.

The Board has determined that the Veteran's current low back disorder is related to an injury sustained during his ACDUTRA service in 1980, and thus grants service connection for this condition.

The Veteran's lumbosacral strain with residuals of the right side is currently rated at 40 percent from December 22, 2009. The rating has been increased to reflect her current level of disability.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied as the current evaluation of 20 percent adequately reflects the severity of his condition.

The Board has denied service connection for low back, gastrointestinal, and skin disabilities due to a lack of medical evidence linking these conditions to the Veteran's military service.

The Board denied the claims for service connection for psychiatric disorder, neck disorder, low back disorder, waist disorder, and bilateral leg disorder due to a lack of evidence showing these conditions were incurred during active duty.

The Board has determined that the Veteran does not have current diagnoses of a low back disorder or right knee disorder, and therefore service connection for these conditions is denied.

The Veteran's claim for an increased disability rating for his service-connected low back disability was granted, with a 20% evaluation effective from August 15, 2002. The Veteran's PTSD and earlier effective date claims are pending.

The Veteran's lower back disorder was incurred in service and the Board has granted service connection for his disability.

The Veteran's service-connected lumbosacral strain with DJD was granted a 20 percent rating effective August 8, 2006. The increased rating for diabetes mellitus remains pending.

The Veteran's claim for an initial disability rating in excess of 10 percent for spondylolisthesis of L5 - 6, claimed as low back pain was denied by the RO.

The Board has granted service connection for a low back disability and a prostate disorder. The Veteran's bilateral foot and eye disorders are not addressed in the decision.

The Board has determined that the Veteran does not meet the criteria for service connection for psychiatric disorder, including PTSD and depression. The evidence is insufficient to establish a link between any current psychiatric condition and service. Service connection was also denied for left foot and toes disability, low back disorder, and multiple sclerosis.

The Veteran's appeal is being remanded for additional examinations and development of his claims, including a claim for individual unemployability.

The Board has determined that additional development is needed to determine if the appellant's current back disorder, including degenerative joint disease of the lumbar spine, is related to his military service. The case is being remanded for a VA medical examination and further review.

The Board denied the Veteran's claims for a higher disability rating for his lumbar spine condition and TDIU based on service-connected disabilities, as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that further development is needed, including obtaining SSA records and scheduling a VA examination to determine if the Veteran's cervical and lumbar spine disabilities pre-existed service or were aggravated by service.