Back / lumbar spine decisions — 2006

The Board denied service connection for a low back disability and did not address the claim for an increased rating for solesus atrophy of the left calf muscle.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board's March 2005 decision was vacated and remanded by the Court, so there is no final decision for the Board to review on the basis of clear and unmistakable error.

The Board found that the veteran's low back disorder, which was manifested by some lumbosacral strain or pain in the low back with some resulting limitation of motion, did not warrant a higher initial evaluation than the currently assigned 40 percent rating.

The veteran's appeal is from initial awards of service connection for lumbar strain and intervertebral disc syndrome, both associated with a fracture of the left femur. The case is being remanded to obtain additional evidence and readjudicate the ratings.

The veteran's lumbosacral strain, now including intervertebral disc syndrome, has been rated at 60 percent since September 23, 2002. The RO granted a separate 10 percent rating for radiculopathy of the right lower extremity effective from September 23, 2002.

The Board has determined that the veteran's chronic spine disorder and bilateral shoulder and arm disorder are not service-connected.

The veteran's appeal is being remanded for further development, including scheduling a hearing before the Board.

The Board found that the veteran's back disability was not incurred in or aggravated by active military service, nor may it be presumed to be incurred in service. The right knee degenerative joint disease is considered a stand-alone entity and does not aggravate the back disability. Therefore, service connection for the back disability cannot be granted.

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

The Board has determined that the veteran's low back disability, which began during service in Southwest Asia, is related to his military service and granted service connection for this condition.

The Board has determined that the veteran's current low back disability is not related to his military service and thus denied his claim for service connection.

The Board has granted the requested increased ratings for the veteran's service-connected bilateral hip disability and lumbosacral strain with right-sided sciatica, assigning a 10 percent rating effective from September 26, 2003 for the right-sided sciatica.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that there was no evidence linking his current disability to his military service.

The Board has remanded the veteran's claims for additional development due to failure of the veteran to report for scheduled VA examinations.

The Board found that the veteran's chronic low back disability did not originate in service and denied his claim for service connection.

The Board found that the veteran's back disability did not have its onset during active service or result from disease or injury in service. The claim for service connection was denied.

The Board denied the veteran's claims for service connection for various conditions, including a back condition, sleep disorder, hearing loss, upper respiratory infection, headaches, and eye irritation. The evidence did not show chronic conditions during service or since separation from service.

The Board denied the veteran's claims of service connection for ulcerative colitis and low back disability, but granted his claim for PTSD. The decision also addressed whether new and material evidence had been received to reopen the claims for these conditions.

The Board has remanded the case due to incomplete development and a need for additional examinations.