Back / lumbar spine decisions — 2007

The veteran's lumbosacral strain is manifested by pain and severely limited range of motion, with flexion to 20 degrees. The criteria for a 40 evaluation have been met.

The veteran's claims for increased ratings and service connection were denied. The RO found that the evidence did not meet the criteria for an increased rating or service connection.

The Board has remanded the case for additional development, including obtaining VA outpatient clinical records and scheduling a VA spine examination to determine the nature and etiology of any current back disorder.

The veteran's claim for an increased evaluation of his service-connected lumbar strain with degenerative changes is being remanded due to the need for a new VA examination to assess functional loss and other factors impacting range of motion.

The Board found that the veteran's claim for an earlier effective date for service connection of his lumbosacral spine disability was denied because there is no evidence of a prior compensation claim filed in 1976, and the veteran did not provide clear and unmistakable error (CUE) to challenge the finality of the January 1998 rating decision.

The VA determined that new and material evidence had not been submitted to reopen the claim of service connection for a low back disorder, which was previously denied in 2000.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with spondylolysis is being remanded due to the need for updated examinations and additional records.

The Board denied the veteran's claim for an increased rating as he failed to report for scheduled VA examinations.

The Board has remanded the case due to the need for further development regarding the appellant's periods of active duty for training and inactive duty training with the Army Reserve, as well as her specific dates of service. The RO is instructed to verify these details and obtain any relevant medical records.

The Board found that the veteran does not have an employment handicap and is therefore not entitled to vocational rehabilitation training under Chapter 31, Title 38, United States Code.

The Board found that the veteran's chronic mechanical low back pain is causally related to his service, but concluded that his diagnosed degenerative disc disease of the lumbar spine (L4-5 and L5-S1) is not related to his military service.

The Board found that the veteran's service-connected degenerative arthritis of the lumbar spine did not cause or aggravate his bilateral knee disorder.

The VA determined that the veteran's thoracolumbar spinal pain and bilateral hearing loss were not incurred in or aggravated by his active military service.

The Board has reopened the claim for service connection for residuals of a low back injury, but there is insufficient evidence to decide whether this condition was incurred in or aggravated by service. The increased rating claim for fungus disorder of the feet remains pending.

The Board denied service connection for hearing loss in the left ear and degenerative disc disease of the lumbar spine. The claim for pes planus with hallux valgus, callosities, and degenerative arthritis was not addressed as it is pending.

The Board found that the veteran's pre-existing back disorder did not undergo aggravation during service and is not otherwise shown to be etiologically related to active service. Therefore, the claim for service connection was denied.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine degenerative disc disease and coronary artery disease, but granted a separate 10 percent rating for hypertension.

The Board denied service connection for a renal disorder and back disability as the result of exposure to radiation in January 1994 and February 1981. The veteran's motion alleging clear and unmistakable error (CUE) was denied.

The Board has determined that the veteran's current low back disability is related to his military service, and thus grants service connection for a low back disability.

The Board has granted a 60 percent rating for lumbosacral spine strain with intervertebral disc syndrome since June 16, 2004. The veteran's disability warrants the maximum schedular rating under the General Rating Formula for Diseases and Injuries of the Spine.