Back / lumbar spine decisions — 2007

The Board found that the veteran's current back disability, including degenerative disc disease at L4-5 and L5-S1 with herniated nucleus pulposus at L4-5 and L5-S1, was not incurred in or aggravated by service.

The Board denied an increased rating for lumbosacral strain with degenerative disc disease, finding that the veteran's disability did not meet criteria for a higher evaluation.

The Board has determined that the veteran's back condition was aggravated during his active duty for training, and thus service connection is granted.

The Board denied the veteran's claims for service connection for a low back condition and residuals of a traumatic jaw injury, including eligibility for VA outpatient dental treatment. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for a respiratory disorder and for increased evaluations for low back pain. The veteran was not shown to have a current respiratory disorder or to have experienced any worsening of his pre-existing low back pain that would warrant higher ratings.

The Board has remanded the case for further development, including a VA examination to determine if the service-connected right knee disability caused or aggravated the left knee disability. The veteran's claim for an initial rating in excess of 40 percent for degenerative arthritis of the lumbar spine is also before the Board.

The VA has determined that the veteran's degenerative disc disease of the lumbar spine does not warrant a higher initial evaluation than the current 20 percent rating.

The Board found no evidence of a low back disorder during service and denied the claim as there was no medical nexus to service.

The Board denied the veteran's claims of service connection for a middle and low back disorder, right wrist disorder, bilateral shin splints, and right knee disorder. The appeals were based on her contention that these conditions were incurred or aggravated by military service.

The veteran's claim for an increased rating of his service-connected low back disability is being remanded due to missing records and the need for a new VA examination.

The Board has remanded the case for further development, including obtaining medical opinions and arranging for examinations to determine if the veteran's current disabilities are related to service or his service-connected residuals of fractures of the left radius and ulna.

The VA denied the veteran's claims for increased disability ratings for his service-connected low back pain and radiculopathy of the lower extremities, maintaining a 40 percent rating for the back condition.

The Board denied the veteran's claim for service connection for a low back disorder, finding no evidence linking it to his military service or his service-connected right hip disability. The appeal was also denied on reopening of the previously denied claim.

The Board has determined that the veteran's claims for service connection have been denied due to lack of new and material evidence. The veteran was not granted any benefits as a result.

The veteran's claims for service connection for bilateral hearing loss, a low back disability, and an increased rating for his right knee disability were denied by the RO.

The Board denied the veteran's claim for service connection for residuals of groin muscle strain to include a low back disability, finding that there was no current evidence of such conditions and rejecting the veteran's statements associating them with service.

The Board has determined that an effective date earlier than April 14, 2003 for the assignment of a 40 percent rating for service-connected lumbosacral strain is denied.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim of service connection for a back disorder. The previous denial was based on the absence of in-service injury or aggravation, with no increase in disability during service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations.

The Board has decided to remand the veteran's claims for service connection for a left knee disability and residuals of a low back injury due to insufficient evidence regarding the nature and etiology of these conditions.