Back / lumbar spine Board decisions

The Board of Veterans' Appeals has denied the veteran's claim for service connection for back disability, including the residuals of an in-service injury and discogenic disc disease. The appeal is based on his initial period of active duty from June 1974 to June 1977.

The Board has denied the veteran's claim for service connection for a back disability, finding no competent medical evidence linking his current condition to his period of active duty service.

The Board has remanded the case to the RO for additional development due to new evidence and a request for a hearing.

The Board found that further development was needed to determine if the veteran's low back disability and associated numbness in both legs and groin were caused or worsened by the VA lumbar laminectomies performed in October 1998, and whether there was negligence on the part of the VA during this procedure.

The veteran's disabilities, including schizophrenia, diabetes mellitus, and lumbosacral strain, are so severe that he is unable to secure or follow substantially gainful employment. The Board finds the evidence at least in equipoise as to whether the veteran meets the criteria for a permanent and total disability rating for pension purposes.

The Board found that the veteran's lumbar spine disability, characterized as arthritis of the lumbar spine, L4-5 with sacroiliitis, did not warrant a rating in excess of 20 percent from November 23, 1997 to August 1998.

The veteran's claims for increased ratings for PTSD and a low back disability are being remanded to allow for the collection of recent VA medical records, and for the provision of VA compensation examinations.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no competent medical evidence linking his current condition to his reported injury during service in 1963.

The Board granted service connection for degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain and assigned a 20 percent disability rating.

The Board has determined that the veteran's pre-existing low back condition did not worsen during service and denied his claim for service connection.

The Board has denied the veteran's request to reopen his claim for service connection for a back disorder, finding that the new evidence submitted does not provide a competent medical opinion attributing the current condition to service or showing arthritis was manifested within one year of separation from service.

The Board has granted a total rating based on individual unemployability due to service-connected disabilities from December 27, 1996. The veteran's service-connected coronary artery disease with hypertension and lumbosacral strain have prevented him from obtaining or maintaining gainful employment since December 27, 1996.

The VA determined that the appellant's low back strain with sciatic neuritis, secondary to a herniated intervertebral disc at L5-S1, more closely approximates the criteria for a 40 percent evaluation due to moderate to severe limitation of motion in the lumbar spine.

The Board denied the veteran's claims for service connection for a low back disability, a right hip disability, and a psychiatric disorder. The evidence did not establish that these conditions were incurred in or aggravated by service.

The Board found that the veteran did not have a chronic low back disorder during active service and that his current low back disorder is not related to his military service.

The Board denied service connection for degenerative disc disease of the cervical spine and fibromyalgia, finding that these conditions were not incurred or aggravated during active duty for training.

The Board has determined that the veteran's lumbosacral strain warrants a 10 percent rating, as it is productive of slight limitation of motion and pain with motion. The appeal was granted.

The Board has determined that the veteran's degenerative arthritis of the lumbar spine with low back pain is not due to disease or injury incurred in service, and thus denied the claim.

The Board found no current diagnosed disabilities of the left wrist, low back, or bilateral knees and denied service connection for these conditions.

The veteran's lumbosacral strain was granted a 40 percent evaluation effective October 28, 1998. The TDIU claim is also granted.