Back / lumbar spine decisions — 2005

The appeal is currently in remand status due to the grant of service connection for a low back disability and the need to readjudicate the remaining claims. The Vocational Rehabilitation claim will be reconsidered after these changes.

The Board has determined that the veteran's current low back disability is linked to service, and he is granted service connection for a chronic low back strain. However, there is no evidence linking his claimed groin condition to service.

The veteran's initial claim for a higher evaluation for his lumbar disc disease and scoliosis was granted, with an effective date of August 24, 2004. The RO increased the evaluation to 40 percent for degenerative lumbar disc disease and scoliosis including radiculopathy of the right lower extremity from that date.

The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board found that the veteran's current lower thoracic and lumbosacral spine disabilities were not incurred in or aggravated by active military service, nor may they be presumed to have been incurred in service. The criteria for a compensable rating for the veteran's service connected fracture of the transverse process of L3-4 on the left have not been met.

The Board has determined that the veteran's cervical and thoracic spine disorders are not caused or aggravated by his service-connected low back disability.

The VA denied the veteran's claim for an initial evaluation in excess of 60 percent for his service-connected lumbar spine disability, finding that it did not meet the criteria for a higher rating.

The veteran's claim for an increased rating for chronic low back syndrome with degenerative joint disease and left lower extremity radiculopathy has been granted, effective September 23, 2002.

The Board found that the veteran's current low back disorder was not present during service and is not related to military service. The claim for service connection for a back disability was denied.

The VA denied the veteran's claims for increased evaluation of his low back disability, service connection for a psychiatric disorder including schizophrenia and PTSD, and extraschedular rating for migraine headaches.

The Board has remanded the case due to incomplete medical records and a need for an examination. The veteran's low back disorder is being reviewed for service connection.

The Board has determined that the appellant's right hip and low back disorders were not incurred in or aggravated by active service, and thus denied his claims for service connection.

The veteran's claims for service connection and increased ratings were denied. The low back disorder claim was not granted, while the left ilio-inguinal neuralgia, left genito-femoral neuralgia (entrapment), erectile dysfunction, and post-operative residuals of a left inguinal hernia repair claims were all denied.

The Board has determined that a remand is required due to the need for additional medical records and an opinion regarding the relationship between the veteran's current low back condition and his military service.

The veteran's claims for increased ratings for his lumbar spine disorder and GERD are being remanded. His claim for service connection for hypertension, including as secondary to treatment of migraine headaches, is also being remanded due to procedural deficiencies in the VCAA notification.

The Board has determined that the veteran does not have a neck or back disability that is related to his military service and therefore denied both claims for service connection.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his service-connected disabilities and their impact on his ability to work.

The Board has granted increased ratings for the veteran's low back syndrome and right foot injury, with a rating of 20 percent each.

The Board has determined that the veteran's low back disorder and bilateral knee disorder were not incurred in or aggravated by active service, and arthritis may not be presumed to have been so incurred.

The veteran's low back disorder is rated at 10 percent, and his right elbow disorder receives a compensable rating of 10 percent. The claims for higher ratings are denied.