Back / lumbar spine decisions — 2003

The Board has remanded the case to the RO for additional development, including obtaining service medical records and arranging for a VA orthopedic examination. The claim will be reconsidered based on the new evidence.

The Board denied an increased evaluation for the service-connected lumbosacral strain and did not reopen the claim for diabetes mellitus or grant service connection for ulcers. The veteran's low back strain is currently rated at 10 percent, which includes characteristic pain on motion.

The Board denied the veteran's claims for increased evaluations for his service-connected bilateral pes planus and lumbosacral strain, both currently rated at 10 percent.

The Board has granted the veteran's claim of service connection for a low back disability, finding that it is causally related to his military duties.

The Board found no evidence of a back disorder during service and denied the claim for service connection for a back disorder, including as secondary to a service-connected bilateral knee disability.

The Board has determined that the veteran's low back disorder, including related right leg manifestations, began during his active service and is therefore granted service connection.

The veteran's claim for an increased evaluation of his low back strain is being remanded due to incomplete records and the need for further development.

The Board has determined that the veteran's low back disorder is related to an injury he sustained in service, and thus grants service connection for this condition.

The RO denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease of the lumbar spine, currently evaluated at 40 percent.

The Board found no evidence of a pre-existing low back disorder worsening during service, and thus denied the claim for service connection.

The Board found that the veteran's lumbar disc disease with irritation at L4-5, S1 was not incurred in or aggravated by active service and is not proximately due to, or the result of, a service-connected disability.

The Board denied the veteran's claims for service connection for Briquet's syndrome, fibromyalgia, and a back disability. The evidence submitted since the last final denial did not provide new and material evidence to reopen any of these claims.

The Board has determined that the veteran's service-connected arthritis of the lumbar spine and sacroiliac joints warrants a 40 percent rating, effective from October 1999. The issue regarding TDIU remains on appeal.

The Board has granted a 10% rating for the veteran's deviated nasal septum, and found that his lumbar spine degenerative disc disease is service-connected.

The Board denied the veteran's claims for increased ratings and service connection, finding that his chronic lumbosacral strain did not warrant a higher rating based on severe impairment or loss of motion. The right knee condition was found to be unrelated to the service-connected conditions.

The veteran's request for a higher initial rating for lumbosacral spine disc disease has been remanded due to the failure to report for a scheduled videoconference hearing. The case will be returned to the Board after scheduling another hearing.

The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination.

The veteran's claim for an increased evaluation for post-traumatic changes of the lumbar spine is being remanded due to further development needed.

The Board has determined that the veteran does not have tinnitus due to service, and his left knee and right ankle disabilities do not warrant a rating in excess of 10 percent. The low back disability also does not meet the criteria for an evaluation in excess of 10 percent.

The Board found that the appellant's lumbar spine degenerative disc disease is characterized by mild symptoms and does not meet the criteria for a higher evaluation. The claim for service connection of migraine headaches was also denied as there is no evidence indicating the disorder had its onset in service.