Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, finding that the current evaluations of 40 percent and 30 percent, respectively, are appropriate based on the severity of his symptoms.

The Board has denied the veteran's claims for service connection for a low back condition and a skin disorder due to herbicide exposure, finding that there is no evidence of continuity of symptomatology or direct service connection.

The Board denied the veteran's claims for service connection for a chronic low back disorder and an increased rating for his right foot plantar wart, finding no evidence of a current disability related to service.

The veteran's claims for service connection for low back strain, right inguinal hernia, and left inguinal hernia are being remanded due to the need for a VA examination.

The veteran's low back disability is rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating.,The veteran's GERD is currently rated at 10 percent and does not meet the criteria for a higher rating of 30 percent.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing at the local VA office.

The Board has determined that the veteran's claimed lower back disorder, neck disorder, left eye condition, and migraine disorder were not incurred or aggravated during service. The preexisting conditions are presumed to be sound upon entry into service.

The Board has determined that the current medical evidence is incongruous and requires additional development, including a VA examination to determine if any diagnosed right hip disorder is related to service. The veteran's TDIU claim will also be remanded for further review.

The Board has remanded the case for a VA examination to determine if any current low back condition was aggravated by service. The veteran is also asked to provide any evidence in his possession that pertains to the claim.

The Board has remanded the case for additional development, including obtaining a VA examination and providing proper VCAA notice regarding reopening of the cervical spine claim.

The veteran's low back disability is being remanded for further evaluation due to the presence of additional symptoms and a need to determine if there are any associated neurological disabilities. The case will be reviewed again after this assessment.

The Board has determined that the veteran does not have an ear disability other than hearing loss or a neck and back disability that is related to his military service. The claim for tinnitus was denied in April 2002, and no new and material evidence has been submitted since then.

The VA has determined that the veteran's osteoarthritis of the lumbar spine does not warrant an evaluation in excess of 20 percent, as it does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the appellant's low back disability is not related to his service, specifically his ACDUTRA in January 1992. The claim for service connection is denied.

The veteran's claim for an earlier effective date for a 40 percent evaluation for his service-connected low back disorder was denied as there is no evidence of a factual increase in disability prior to September 5, 2003.

The veteran's service-connected degenerative disc disease and degenerative joint disease of the lumbar spine do not meet the criteria for a disability rating in excess of 10 percent, as they have not manifested forward flexion of the thoracolumbar spine of 60 degrees or less, combined ranges of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, vertebral body fracture with loss of at least 50 percent of height, or incapacitating episodes having a total duration of at least one week but less than two weeks during the past 12 months.

The Board has remanded the case due to insufficient medical evidence regarding whether the veteran's low back disability is related to military service and if his spina bifida was aggravated by service. The veteran needs to provide updated treatment records, undergo a VA examination, or have an examiner review existing records.

The Board has ordered additional development due to the need for a medical opinion on whether the veteran's current back disability is related to service. The case will be returned to the RO for further consideration.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability. The veteran's current diagnosis is noted, but there is no medical nexus provided between his current condition and service.

The veteran's low back disability is manifested by limitation of flexion with subjective complaints of pain, aggravated by prolonged standing or sitting. The Board has determined that the criteria for a 20 percent rating have been met.