Back / lumbar spine decisions — 2007

The Board has remanded the case due to issues with locating the original claims file and rebuilding it in accordance with VA procedures. The veteran's service medical records, including those related to his claimed PTSD stressors, are missing.

The veteran's claim for service connection for a back disorder is being remanded due to the need for additional development, including obtaining SMRs and VA treatment records.

The VA determined that the veteran's degenerative arthritis of the lumbar spine with a fracture of the lamina and spondylolisthesis does not warrant an increased disability rating beyond the current 10 percent.

The veteran's disability, chronic dorsal lumbar strain, is currently rated at 40 percent effective October 2006. Prior to this date, the rating was 20 percent.

The Board denied service connection for low back and cervical spine disorders, finding no evidence of a current disability related to military service.

The Board has determined that there is no evidence of a chronic low back disability related to the veteran's active service, and thus denied his claim for service connection.

The Board denied service connection for degenerative joint disease of the left foot, low back disability, and right shoulder disability.

The veteran's claims for service connection for allergic rhinitis and an upper and middle back disability were denied. The claim for increased rating for depression was granted with a 50% initial disability rating.

The Board has remanded the case due to inadequate VCAA notice and failure to obtain all relevant post-service treatment records.

The VA denied an increased rating for mechanical low back pain secondary to a grand mal seizure, finding that the veteran's condition did not warrant a higher rating based on his range of motion and symptoms.

The Board has decided that the veteran's claims need further development and remand, including obtaining additional medical records, scheduling a VA examination, and providing proper VCAA notice.

The Board denied the veteran's request for an effective date prior to October 17, 2000 for service connection of lumbar strain with degenerative arthritis, degenerative disc disease and radiculopathy of the left lower extremity based on alleged clear and unmistakable error in a September 1997 rating decision.

The veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent, and his left L5 radiculopathy is rated at 10 percent. The right leg radiculopathy also warrants a 10 percent rating.

The veteran's claims for increased ratings and reopening of service connection were denied. The VA found that the veteran did not meet the criteria for a compensable rating for bilateral hearing loss, no entitlement to an increased rating for tinnitus, or a rating in excess of 20 percent for low back strain.

The Board denied the veteran's claims for service connection and higher rating for his lumbar spine condition, cervical spine arthritis, and gastritis. The Board found that degenerative joint disease of the lumbar spine was not incurred in or aggravated by service, chronic gastritis was not attributable to military service, and cervical spine arthritis did not warrant a higher initial rating.

The Board has dismissed the veteran's claim of service connection for a back disorder due to his failure to respond to requests for information and evidence, resulting in the abandonment of the claim.

The Board has remanded the case for further development and readjudication of the claims, including consideration of new evidence from Dr. J.R.

Throughout the rating period, the veteran's low back disability was manifested by moderate intervertebral disc syndrome and severe lumbosacral strain. However, incapacitating episodes or significant limitation of motion were not shown.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease of the lumbar spine was granted, with a rating of 40 percent effective November 14, 2006. The case is now pending on whether separate ratings should be assigned for different periods.

The veteran's arthritis of both knees and lumbosacral spine is rated at 10 percent each, representing a full grant of the benefits sought.