Back / lumbar spine Board decisions

The Veteran's lumbar spine disability was rated at 20% prior to August 30, 2004, and at 20% beginning from August 24, 2004. The Veteran's sinusitis was not rated as he did not meet the criteria for a higher rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a back disability. The decision is mixed as it acknowledges some of the submitted evidence but also finds others are cumulative or do not relate to the unestablished fact necessary to substantiate the claim.

The VA examiner found no additional disability due to the Veteran's August 2002 lumbar L3-4 decompressive laminectomy, and the Veteran was not credible regarding his claims of a pre-existing lower back condition.

The Veteran's back disorder, right knee disorder, and allergic rhinitis were not found to meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's low back disability has not adversely affected his range of motion, nor is it productive of incapacitating episodes. The criteria for an initial rating in excess of 10 percent have not been met.

The Veteran is granted an effective date of January 29, 1993 for service connection for bilateral spondylosis.,The Veteran's claim for TDIU prior to July 29, 2004 is denied.,The Veteran's claim for DEA benefits eligibility prior to July 29, 2004 is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his bilateral hearing loss and cervical spine disability.

The Veteran's claim for increased disability rating for his service-connected lumbar strain remains on appeal. The Board finds that the evidence shows symptoms of forward flexion limited to 30 degrees or less, with incapacitating episodes of IVDS not shown during any period.

The Board denied the claim of clear and unmistakable error in the August 1948 rating decision that reduced the sacroiliac strain from 10 percent to a noncompensable rating, finding no clear and unmistakable error.

The Board found that the Veteran's reported neurological symptoms are not related to his service-connected lumbar spine disability and thus denied a separate rating for such manifestations.

The Veteran's degenerative changes of the lumbar spine is causally or etiologically related to service and aggravated by his service-connected bilateral foot disability, thus establishing service connection for this condition.

The Board has determined that the Veteran's low back disorder is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran is entitled to a total disability rating based on individual unemployability (TDIU) as of November 4, 2004 due to his service-connected lumbar spine disorder and adjustment disorder.

The Board has determined that additional development is needed to determine the validity of the Veteran's claims for PTSD and degenerative arthritis of the lumbar spine, including whether there are sufficient medical opinions to support a finding of service connection.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability and an increased initial disability rating for PTSD require further development. The case is being remanded to obtain additional medical records, conduct a VA examination, and issue a supplemental statement of the case.

The Board found no current disabilities for the claimed conditions of bilateral hearing loss, right ear disorder, low back disorder, and bilateral knee disorder. Therefore, service connection was denied.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus and skin disorders, all of which were presumed to be due to exposure to Agent Orange. The Board found no evidence linking these conditions to his military service.

The Veteran's service-connected bilateral plantar fasciitis and pes planus, right foot hallux valgus, and lumbar strain are not rated higher than the current 10 percent levels.

The Board found no credible evidence of a low back injury or disease in service, and concluded that the Veteran's current low back disorder is related to post-service injuries. As such, the claim for service connection was denied.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence. However, the claim remains denied as there is no clear evidence that his current condition was caused or aggravated by military service.