Back / lumbar spine decisions — 2007

The VA determined that the appellant's lumbar spine disability, evaluated at 20 percent, does not warrant an increased evaluation due to lack of evidence showing severe lumbosacral strain or severe limitation of motion.

The veteran's lumbosacral strain did not meet the criteria for a rating in excess of 10 percent prior to June 29, 2006, and was not productive of forward flexion of the thoracolumbar spine 30 degrees or less from June 29, 2006. The veteran's disability picture did not most nearly approximate the next higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is related to his military service and grants service connection for this condition.

The Board has dismissed the veteran's appeals for service connection on all issues due to his withdrawal of these claims.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection, but the claim is still denied as there is no competent medical evidence showing a link between his current low back condition and his military service.

The Board has determined that the veteran's current back condition, manifested by lumbar radiculopathy and myositis, is likely due to injuries sustained during his period of active service. As a result, the claim for service connection is granted.

The veteran's low back pain is currently rated at 10% and the issue of reopening his psychiatric disability claim has been remanded.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of entitlement to a compensable rating for bilateral hearing loss.

The veteran's appeal is being remanded for further evaluation due to the need for a comprehensive medical examination and opinion regarding his service-connected disabilities, specifically those involving his low back and knees. The claim will be readjudicated after this additional development.

The Board has determined that a VA examination is necessary to determine the nature and likely etiology of the veteran's right leg and back disabilities, as well as whether these conditions are related to military service. The case will be remanded for further development.

The veteran's claim for an increased rating for his low back disability with some left leg nerve involvement is being remanded due to the need for missing VA medical records and a VA examination.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine, with history of laminectomy, had its clinical onset during active military service and is therefore granted service connection.

The Board has granted a 60 percent rating for lumbosacral strain with disc disease from March 20, 1999 to February 22, 2000. The veteran's left ear hearing loss is considered service-connected.

The Board granted a rating of 20 percent for the veteran's low back disability prior to June 17, 2004. Service connection was denied for bilateral otitis.

The veteran's service connection claim for a low back injury and migraines was granted, but his initial rating for cervical spine disability remains at 20 percent.

The veteran's right ear hearing loss claim was denied, but he received an effective date of August 1, 2001 for the award of service connection for lumbar strain, left hip bursitis, left knee tendonitis, and bilateral carpal tunnel syndrome.

The Board has determined that the veteran does not have a current skin disorder manifested by boils, residuals of a right foot bunionectomy, low back disorder, hypertension, or high cholesterol levels. Therefore, service connection for these conditions is denied.

The Board denied service connection for spinal stenosis of the 3rd through the 5th lumbar vertebrae as it was not incurred in or aggravated by active military service, nor may osteoarthritis of the lumbar spine be presumed to have been so incurred.

The veteran's claims for increased disability ratings for lumbosacral strain, depression with anxiety, and headaches are being remanded due to the need for further development.

The Board denied the veteran's claims to reopen his service connection claims for right knee pain, chronic low back pain, and a skin condition due to lack of new and material evidence. The veteran's pulmonary sarcoidosis was also found not to meet criteria for a compensable evaluation.