Back / lumbar spine decisions — 2006

The Board has remanded the veteran's claims due to the need for additional VA medical records and a new examination.

The VA denied the veteran's claim for a higher rating for his degenerative disc disease with chronic lumbago and low back strain, as it did not meet the criteria for a rating higher than 20 percent.

The Board found that the veteran's current low back, migraine headaches, and cervical spine disabilities are not causally related to her active service or any incident therein.

The VA has determined that the veteran's service-connected degenerative disc disease of the thoracolumbar spine does not meet or approximate criteria for a higher disability rating, as it does not involve ankylosis and its impact on employment is already contemplated by the current evaluation.

The Board has remanded the veteran's claims for additional action due to incomplete documentation.

The Board denied the veteran's claim for service connection for a low back disorder, finding no evidence of a nexus between his current condition and his military service or any service-connected disability.

The veteran's claim for an increased rating for low back strain was denied, and his claims for TDIU under both 38 C.F.R. § 4.16(a) and (b) were also denied.

The veteran's service-connected low back disorder was rated at 40 percent effective April 26, 2005. Prior to that date, the rating was 20 percent.

The Board has determined that additional development is necessary before the case can be properly adjudicated.

The veteran does not currently have disabilities of the neck, low back, right knee, left knee, or right foot. Service connection for these conditions is denied.

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran does not have a current neck disability, and thus service connection for neck pain is denied. The right elbow condition is currently evaluated as noncompensable under Diagnostic Code 5024 (degenerative arthritis). The low back condition is rated based on limitation of motion without additional compensable evaluation due to functional impairment. The veteran's deviated nasal septum, status post septoplasty, does not meet the criteria for a compensable evaluation.

The RO determined that the veteran's service-connected chronic lumbosacral strain does not warrant a higher rating than the current 20 percent, based on her symptoms and medical evidence.

The Board denied the veteran's request to reopen his claim for service connection of low back disability, finding that new and material evidence was not received.

The Board has determined that the evidence received since the previous denials does not provide a sufficient basis to reopen the claims for service connection for bilateral knee disorders and back disorders. The claims remain denied.

The veteran is seeking earlier effective dates for various service-connected disabilities and the award of a total rating based on individual unemployability. The case must be remanded to allow for proper VCAA notice, issuance of a Statement of the Case, and readjudication.

The Board denied the veteran's claims for an increased rating for lumbosacral degenerative disc disease with spondylosis and denied his claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disability. The veteran was not granted any new ratings or effective dates.

The Board denied the veteran's claims for increased evaluations for his service-connected degenerative joint disease, lumbar spine, with chronic flexopathy of the right lower extremity and right quadriceps atrophy. The initial evaluation assigned was 40 percent.

The Board has determined that the veteran's service-connected low back disability warrants a rating of 40 percent, effective from September 26, 2003.

The Board has remanded the case to the RO for further action, including assignment of a disability rating and effective date for the veteran's service-connected low back disability due to procedural issues.