Back / lumbar spine decisions — 2007

The veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 have been denied due to lack of new and material evidence, and the low back disability claim has also been denied as there is no evidence that it was caused by VA care or treatment.

The Board has denied the veteran's claims for service connection for low back disorder, bilateral thigh disorder, and bilateral hip disorder. The evidence does not support a finding that these conditions are related to his military service or any service-connected disabilities.

The veteran's appeal is being remanded due to the need for additional medical examinations and development of his claims.

The Board has reopened the veteran's claim for service connection for a low back condition, but finds that there is no evidence to support a finding that his current disability had its onset in active service or within one year of separation. The VA examiner concluded that the veteran's current back disorder was an aggravation of a pre-existing condition.

The Board has granted service connection for hypertension and assigned a 10 percent rating. The claim for an increased rating for low back strain is addressed in the REMAND portion of the decision.

The Board found no current objective manifestations of a bilateral knee or low back disability, and thus denied the veteran's claims for service connection.

The Board has remanded the veteran's claims due to incomplete records and the need for additional examinations.

The veteran's service-connected lumbosacral strain with degenerative disc disease and osteoarthritis meets the schedular requirements for a TDIU, but his disability is not of such severity as to render him unemployable.

The Board denied both claims for service connection, finding no new and material evidence to reopen the claim for DJD of the lumbar spine. The cervical spine condition was not shown to be related to service.

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

The Board has determined that the veteran's service-connected chronic low back disorder warrants a disability rating of 20 percent, as it does not meet the criteria for a higher rating based on forward flexion or unfavorable ankylosis.

The Board found that the appellant does not have degenerative disc disease, hearing loss, hypertension, or hypercholesterolemia related to service. The preponderance of evidence indicates these conditions were not incurred during active duty for training or inactive duty for training.

The Board has granted a disability rating of 20 percent for lumbosacral strain effective October 28, 1998.

The veteran's lumbar muscular strain with degenerative disc disease was found to be manifested by slight limitation of motion before October 17, 2005 and moderate limitation of motion from that date. The claim for higher ratings is denied.

The Board has remanded the case to the RO for further development due to inadequate reasons and bases regarding functional loss during flare-ups or exacerbations of degenerative disc disease of the lumbar spine, as well as additional evidence submitted by the veteran.

The Board has granted a 20 percent rating for the veteran's chronic low back strain and lumbar spondylosis, effective from December 31, 2006. The decision is based on VA examinations conducted in March and April 2005.

The Board found that the right knee and back disabilities were not incurred or aggravated by service, nor are they proximately due to a service-connected disability. The evidence did not support a finding of secondary service connection.

The Board found that the veteran's current low back disability did not manifest during his active duty service or a period of Active Duty for Training (ACDUTRA), and thus denied the claim for service connection.

The Board has remanded the case for additional development, including a VA examination to determine if any current low back disability is related to active military service and whether there is evidence of any superimposed injury. The secondary service connection claims will be deferred until the primary claim for service connection for a low back condition is resolved.

The Board denied the veteran's claim for a rating in excess of 50 percent for his low back strain with degenerative disc disease, finding that the evidence did not support such an increase.