Back / lumbar spine decisions — 2010

The Board denied service connection for lumbosacral sprain, also claimed as low back pain in December 2006. The Veteran is contesting this decision on the grounds of clear and unmistakable error (CUE).

The Board found that there is no evidence of a back injury or any back problems during a period of Active Duty for Training (ACDUTRA) or Inactive Duty for Training (INACDUTRA), and thus denied the claim for service connection for degenerative disc disease of the lumbar spine.

The Board has remanded the case due to the need for further development, including a VA examination and a hearing before a Veterans Law Judge.

The Board has remanded the Veteran's claims for service connection for a neck disorder and a back disorder due to incomplete records from Womack Army Hospital in July 1965.

The Veteran's claim for increased ratings for lumbosacral degenerative joint disease was denied as the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 2, 2001 and in excess of 40 percent thereafter.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected back disability and its impact on his ability to work. The issue of entitlement to TDIU will also be addressed.

The Board denied entitlement to extra-schedular consideration for chronic lumbosacral strain and irritable bowel syndrome (IBS).

The Board has determined that the Veteran's current back disorder and PTSD are not service-connected, but his PTSD is currently rated at 50%.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is manifested by functional debility equating to severe limitation of motion, with forward flexion limited to 30 degrees when pain on motion is considered. The RO granted a rating of 40 percent for this condition.

The Board has ordered additional development of the Veteran's claims for increased ratings for low back strain with spondylosis at L5 and bilateral hearing loss. The case is being remanded to obtain treatment records from VA facilities in Dallas, Texas, and any private medical providers who have treated the Veteran since August 2004.

The Board denied service connection for a low back disorder and a psychiatric disorder, finding that the Veteran's current conditions were not incurred or aggravated by military service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher rating under applicable VA regulations.

The Board denied an evaluation in excess of 10 percent for low back pain, finding that the Veteran's symptoms did not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board has granted service connection for residuals of a concussion, to include memory loss, and for migraine headaches. The Veteran's other claims for service connection have been remanded.

The Board has granted service connection for PTSD with major depression, which constitutes a complete grant of the Veteran's psychiatric disability claim. As such, no discussion of VA's duty to notify or assist is necessary.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbosacral spine is being remanded due to insufficient evidence and further development is needed.

The Board has denied the Veteran's claims for service connection for various conditions, including heart condition, blocked nose, skin condition, spinal cord or low back injury, respiratory disorder (claimed due to asbestos exposure), and other conditions. The evidence does not support a finding of service origin for these conditions.

The Veteran's appeals have been dismissed due to his withdrawal of the claims.

The Veteran's claims for service connection for a bilateral wrist and hand disability, an eating disorder, a low back disability, and a heart disability have been denied. The Veteran's claim for service connection for a bilateral hearing loss disability is pending.

The Board has remanded the case due to insufficient evidence to decide whether the Veteran's low back disability is related to service, lifting patients in a hospital setting.