Back / lumbar spine decisions — 2006

The veteran is seeking service connection for a low back disorder, which he claims was caused by an injury during service. The case has been remanded to obtain additional VA hospitalization records from August 1973 and determine if they alter the previous examiner's opinion regarding the etiology of his current back disorder.

The Board denied a higher initial evaluation for the veteran's chronic low back strain with degenerative disc disease, finding that the current range of motion did not warrant an evaluation in excess of 20 percent.

The Board has denied the veteran's claims of entitlement to service connection for thoracic spine and cervical spine disabilities, as well as his request to reopen a previously denied claim for lumbar spine disability. The evidence received since the October 1992 RO decision is not considered new and material.

The Board has remanded the case for additional development, including obtaining service medical records and private clinical records. The veteran is to be scheduled for a VA examination to assess his current low back pathology.

The veteran does not suffer from depression which can be related to his period of service.,The veteran does not suffer from chronic low back pain which can be related to his period of service.,The veteran does not suffer from right leg pain which can be related to his period of service.,The veteran does not suffer from bilateral hearing loss which can be related to his period of service.,The veteran does not suffer from tinnitus which can be related to his period of service.,The veteran does not suffer from chronic bilateral foot pain which can be related to his service.,The veteran does not suffer from sleep apnea which can be related to his period of service.,The veteran does not suffer from diabetes mellitus which can be related to his period of service.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting medical examinations to assess the veteran's low back disability. The veteran is also advised of his right to submit additional evidence and argument.

The Board has denied the veteran's claims for service connection for post-traumatic stress disorder, chronic bronchitis, and a low back disorder. The claim for service connection of a left knee disorder secondary to the service-connected residuals of left tibia and fibula fracture is pending.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a back disorder. The issue is now remanded for further development, including a VA examination.

The Board has denied the veteran's claims for service connection for hip and back disabilities as secondary to his right knee disability, as well as his claim for an increased rating for his right knee disability. The evidence does not support a finding of current hip or back disabilities, and there is no medical opinion linking these conditions to his service-connected right knee disability.

The Board has decided to remand the case for further development, including obtaining medical records and a VA opinion on whether the veteran's death was related to his service-connected low back disorder.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 20 percent rating since September 26, 2003, based on moderate limitation of motion.

The Board has remanded the veteran's claims for service connection due to incomplete records and additional development is required.

The Board has denied the veteran's claims for increased ratings for his service-connected low back and left knee disabilities, as well as his claim for service connection for diabetes mellitus. The RO must address these issues under both the old and current rating criteria.

The Board has upheld the reduction from a 60 percent to a 20 percent disability rating for lumbar spine DDD at L4-5 and L5-S1, effective July 1, 2002. The veteran's TDIU award was also terminated as of that date due to actual employability.

The veteran's service-connected disabilities do not render him unemployable, as his combined disability rating is only 50 percent and he has the potential to find gainful employment in a sitting job.

The Board found no evidence of a chronic back disorder related to service and denied the veteran's claim for service connection.

The veteran's claims for increased ratings for residuals of a right hip gunshot wound and low back disability were denied as the evidence did not support a rating in excess of 20 percent.

The Board has remanded several issues, including service connection for throat obstruction and bilateral carpal tunnel syndrome, as well as rating decisions for various conditions. The case is pending further development.

The Board has denied the veteran's claims for service connection for a low back disorder, right leg disorder, and psychiatric disorder (depression) as there is no medical evidence linking these conditions to his military service or any service-connected disability.

The Board found no evidence to support the veteran's claim that his low back pain is related to his military service, and thus denied the claim.