Back / lumbar spine decisions — 2006

The Board denied the veteran's claims for increased ratings, hearing loss, and service connection for various conditions. The appeals were not successful.

The veteran's service-connected left knee patellar tendonitis and lumbosacral strain are currently rated at 10 percent, but the evidence does not support a higher rating for either condition.

The Board has determined that the veteran's current low back disorder, including residuals of a lumbar laminectomy, is not etiologically linked to his service or any incident therein. Therefore, the claim for service connection for this condition was denied.

The veteran's PTSD is granted as it was incurred in service. The claim for a low back disability is denied as new and material evidence has not been submitted.

The veteran's claim for a higher rating for his service-connected low back injury with herniated nucleus pulposus is being remanded due to insufficient evidence of functional loss and other relevant factors.

The VA denied a higher rating for the veteran's degenerative disc disease of the lumbar spine, currently rated at 40 percent.

The veteran's appeal is being remanded for further development, including a VA comprehensive examination to assess the current severity of his lumbar spine disability after the January 2006 surgery. The case will be returned to the Board for appellate review.

The Board has ordered the case remanded for further development, including a VA examination to determine if the veteran's low back disability is related to service or aggravated by his right knee disability.

The Board has determined that the veteran does not have an acquired psychiatric disorder (other than PTSD) or a low back disorder that is related to service. The evidence does not support these claims.

The Board has found new and material evidence to reopen the previously denied claim for service connection of a low back disability. The reopened claim will now be reviewed on its merits.

The veteran's claims for increased evaluations and service connection were denied. The effective dates of the granted conditions (diabetes mellitus, hypertension, and renal failure status post kidney transplant) are May 8, 2001.

The Board found that the veteran's low back disorder, characterized by some limitation of motion with pain but no evidence of incoordination, weakness, fatigability, or functional loss due to subjective complaints of pain, does not meet the criteria for a disability rating in excess of 20 percent.

The Board found no evidence of an in-service back injury and denied the veteran's claim for service connection.

The Board has remanded the case for a hearing before a Decision Review Officer (DRO) at the RO. The veteran's claims of service connection for various disabilities remain pending.

The veteran's appeal is being remanded for additional development, including VA examinations and proper VCAA notice.

The Board denied an earlier effective date for the award of a total disability rating based upon individual unemployability (TDIU) due to service-connected back disability, finding that the increase in disability or development of unemployability did not occur within one year prior to the filing of the TDIU rating claim on February 21, 1996.

The Board has determined that the veteran's chronic lumbosacral strain is related to her service and granted service connection for this condition. The claim of service connection for flat feet remains pending.

The veteran is seeking service connection for a low back disability, including arthritis. The Board has determined that an examination is needed to determine the nature and etiology of his current low back condition.

The Board has remanded the case due to the need for additional development, including a VA examination and notification of the veteran.

The Board found no evidence of a diagnosed bilateral knee condition, back condition or depression during service or within the decades following service. Therefore, the claims for these conditions were denied.