Back / lumbar spine decisions — 2007

The veteran's claims for service connection for a skin rash of the left ankle and lumbosacral strain are being remanded due to inadequate notice regarding the definition of 'new and material evidence' as it relates to these claims.

The Board found that the veteran's back condition was not incurred or aggravated by service, and denied both his claim for service connection and his TDIU claim.

The veteran's request for a hearing before the Board of Veterans' Appeals has not been scheduled, and he has not withdrawn his request. The case is being remanded to schedule the veteran for a hearing at the RO.

The Board has remanded the case for further development, including additional medical examination and VCAA compliance. The veteran's claims for a higher initial rating for his lumbosacral spine disorder and service connection for bilateral shoulder, elbow, and knee conditions are being considered.

The Board found no evidence of a chronic lumbar spine disability during service or within one year following service, and concluded that the current condition is not related to service. The veteran's claim for service connection was denied.

The VA denied the veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative disc disease, finding that his current disability level is manifested by moderate limitation of motion of the lumbosacral spine and does not warrant a higher rating.

The Board has determined that the veteran does not have any of the claimed disabilities (knee, ankle, shoulder, hand, or back) incurred in service and thus denied all claims for service connection.

The veteran's lumbar strain is rated at 40 percent, the highest available rating. The cervical and hip disabilities are not service-connected as secondary to his service-connected lumbar strain.

The veteran's appeal is being remanded due to the need for additional examinations and records, including a VA spine examination and a VA hepatitis C examination. The issues of increased rating for low back disability and initial rating for hepatitis C are pending.

The veteran's service-connected low back disability is currently rated at 10 percent and the Board finds that a higher rating is not warranted.

The veteran's claims for service connection are being remanded due to the unavailability of his service medical records. The RO will attempt to verify any in-service injuries through personnel files and then readjudicate the claims.

The Board denied claims for service connection for gastrointestinal, low back, left knee, right ankle, and left ankle disabilities secondary to the veteran's service-connected right knee disorder.

The Board found that the veteran's current degenerative disc disease of the cervical spine is not related to his active military service or a service-connected condition, and thus denied the claim for service connection.

The Board has determined that the veteran's current head, neck, and back disabilities are not related to his military service. The evidence does not support a finding of inservice injury or disease for these conditions.

The veteran's appeal is being remanded due to the need for additional records and examination. The issues are about a higher evaluation for his lumbosacral spine disability and TDIU.

The veteran's claims for increased ratings for lumbar degenerative disc disease with mild lumbar stenosis at L4-5 and fibromyalgia from August 14, 2001 were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's claims for service connection for low back, right knee, and left knee disabilities are being remanded due to incomplete records and the need for further medical examination.

The Board denied the veteran's claims for increased ratings for his service-connected back disability and perforated left tympanic membrane. The back disability is currently rated at 10 percent, which was upheld.

The veteran's claim for a compensable evaluation for his service-connected mechanical low back pain is being remanded due to the need for additional examination and treatment records.

The Board has denied the veteran's claims for service connection for a low back condition, bilateral hearing loss, and sterility. The evidence does not support the presence of current disabilities in these areas.