Back / lumbar spine decisions — 2007

The Board has determined that the veteran's back disability with radiation of pain into the lower extremities is likely incurred during service, and thus grants service connection for this condition.

The Board found that a chronic low back disorder was not incurred in or aggravated by service, and denied the claim for service connection.

The Board has remanded the case for further development, including determining if the veteran had periods of active duty training (ACDUTRA) or in-active duty training (INACDUTRA), and whether any current back, left ankle, or knee disabilities are related to such service.

The Board found no evidence of in-service injury or disease that could be linked to the veteran's current disabilities, and thus denied service connection for bilateral hearing loss, tinnitus, low back disability, and right knee disability.

The veteran's claim for restoration of a 60 percent rating for his low back disability and to a rating in excess of 60 percent has been remanded due to the need for additional examination and evidence.

The veteran's appeal is being remanded due to the need for additional medical records from private providers. The issue remains whether he is entitled to an automobile with adaptive equipment or adaptive equipment only.

The Board has determined that the veteran's residuals of a lumbar spine injury do not warrant a rating in excess of 40 percent.

The Board found that the veteran's current low back disability was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The July 1972 rating decision, which denied service connection for a back disability, was subsumed by an April 1973 Board decision and cannot be reviewed for CUE.

The VA denied a higher rating for the veteran's degenerative disc disease of the lumbar spine, as his disability is currently rated at 40 percent and does not meet the criteria for a higher rating based on limitation of motion or neurologic manifestations.

The Board denied the veteran's request to reopen his claim of service connection for a low back disorder, finding that no new and material evidence had been submitted.

The Board finds that the evidence does not support a finding of service connection for either a low back disorder or a left knee disorder, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA orthopedic examination to assess the severity of his low back strain with spondylosis at L5, and scheduling a VA audiological evaluation to determine the extent of his bilateral hearing loss.

The veteran's PTSD was granted a 50 percent rating effective December 20, 2000. The low back disability received initial ratings of 10 and 20 percent prior to and after January 25, 2006 respectively. The effective date for the 50 percent PTSD rating remains December 20, 2000.

The Board has decided to remand the case for further development and review of the evidence, including service medical records.

The Board has denied the veteran's claim for service connection for a back disability, finding no current disability and no medical evidence linking any diagnosed condition to his military service.

The Board has determined that there is no current evidence of a bilateral wrist disability, low back disorder, or neck pain. The veteran's claims for these conditions are denied as not well-grounded at the time of initial denial.

The Board has granted a 20 percent rating for lumbar paravertebral myositis, effective from October 27, 2004. Service connection for arthritis is not granted as there is no evidence of current arthritis other than the service-connected back disability.

The VA determined that the veteran's service-connected low back disorder does not meet or approximate the criteria for a higher rating, as it does not involve muscle spasms on extreme forward bending, loss of lateral spine motion in standing position, moderate limitation of motion, or intervertebral disc syndrome with incapacitating episodes. The current 10% disability rating is maintained.

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

The VA Board found that the veteran's low back disorder did not manifest during service or within one year of separation, and is not related to his service-connected bilateral knee disability. The evidence does not support a finding of chronicity.