Back / lumbar spine decisions — 2006

The Board has determined that further development is necessary before the appeal can be adjudicated. This includes obtaining VA treatment records from Tuskegee and Montgomery VAMCs for a low back disability, scheduling an audiologist examination to determine if the veteran currently has a bilateral hearing loss disability, and providing the veteran with notice of his rights regarding his pending claims.

The Board denied the veteran's claims for service connection for kidney and back disorders, as well as his requests for increased ratings for bilateral hearing loss. The appeals were not about service connection at all.

The Board denied the veteran's claims for service connection for a lumbar spine fracture and an increased rating for degenerative spondylosis and disc disease with osteoporosis, status post foraminotomy. The veteran did not sustain a lumbar spine fracture in service and his disability is rated at 60 percent.

The Board has determined that the veteran's claimed respiratory disorders and back disorder did not manifest during service or are otherwise related to military service, including as due to herbicide exposure. As a result, the claims for service connection have been denied.

The Board has remanded the case for additional development due to missing VA treatment records from the Charleston and Greenville VAMCs. The veteran is seeking service connection for a low back disorder, claimed as degenerative arthritis of the lumbar spine.

The Board found that the appellant's current degenerative arthritis of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran's claim for service connection for a low back disability involving a discrepancy in leg length, to include as secondary to service-connected bilateral feet disabilities, is properly before the Board and requires additional development. The case is therefore REMANDED for further action.

The Board found that the veteran's low back condition did not begin or get worse in service and therefore denied his claim for service connection.

The Board has granted the veteran's claim for service connection for a low back disorder, finding that it is at least as likely as not related to his active military service.

The Board has determined that the veteran's headaches with light sensitivity and degenerative disc disease and degenerative joint disease of the cervical spine were not incurred in or aggravated by service.

The veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for additional development, including consideration of new regulations and a VA examination.

The Board denied the appellant's claims for service connection for a left knee disorder and for an increased rating for lumbosacral strain prior to August 12, 2004. The claim for an increased rating for lumbosacral strain from August 12, 2004 was also denied.

The Board denied the veteran's claims for service connection and increased evaluations for his left ankle disorder, residuals of left shoulder surgery with degenerative changes, myositis of the lumbosacral spine, and right knee degenerative joint disease and patellofemoral syndrome. The evidence did not support these claims.

The Board has granted service connection for post-traumatic stress disorder and residuals of a left knee injury, but denied an increased rating for lumbar paravertebral myositis. The veteran's claims are remanded to obtain additional Social Security Administration records and to schedule the veteran for another VA spine examination.

The veteran's claims for service connection for knee and low back conditions are being remanded to the RO for additional development, including obtaining Social Security Administration records and VA treatment records.

The Board denied the veteran's claims for service connection for right knee pain, left knee pain, and lumbosacral strain. The claim for an initial compensable rating for bilateral hearing loss was also denied. However, the veteran's dysthymic disorder was rated at 50 percent since April 20, 2005.

The Board denied the veteran's claims for a compensable disability rating for lumbosacral strain and entitlement to TDIU, finding that his current back symptoms are not related to his service-connected recurrent lumbosacral strain.

The veteran is entitled to an effective date of April 21, 2002 for the grant of a total rating for compensation purposes based on individual unemployability due to his service-connected orthopedic disabilities.

The Board has determined that the effective date for a 20% disability rating for low back syndrome should be December 12, 1984.

The veteran's service-connected degenerative disc and joint disease of the thoracic spine is manifested by severe limitation of motion, muscle spasms, and pain. The RO granted a 10 percent rating for this condition.