Back / lumbar spine decisions — 2007

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for additional development, including a neurological examination.

The Board has determined that there is no evidence of a current right knee, low back, or right shoulder disability and thus the veteran's claims for service connection for these conditions are denied.

The Board has remanded the case for further development, including obtaining service medical records regarding a parachute accident in December 1950. The veteran's claims of entitlement to service connection for a shortened right leg, a right hip disability, and a back disability are on appeal.

The veteran is seeking an increased rating for his service-connected degenerative joint disease of the lumbar spine, L5-S1. The Board has determined that a remand is necessary to schedule the veteran for VA examinations and consider the revised criteria for evaluating back disabilities.

The Board has determined that new and material evidence was not submitted to reopen the previously denied claim for service connection for a back condition. The claims for PTSD, heart condition, paranoia and a delusional disorder, chronic skin condition, and pulmonary tuberculosis were also denied.

The Board has remanded the case for a Travel Board hearing at the RO. The appellant is advised that if he desires to withdraw the hearing request prior to the hearing being conducted, he may do so in writing.

The veteran's degenerative joint disease of the lumbar spine resulted in moderate limitation of motion, warranting a 20 percent evaluation. The Board found no evidence to support an increase beyond this level.

The Board found that the veteran's low back disorder is not related to service and denied his claim for service connection. The Board also noted that there was no evidence of an undiagnosed illness.

The Board has decided that the VA Regional Office (RO) should take additional steps to obtain relevant medical records and ensure compliance with VCAA requirements before proceeding with the service connection claims for a back disability and loss of teeth due to trauma.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA spine examination. The veteran's claims for service connection for low back and left foot injuries will be reconsidered based on the new evidence.

The Board has determined that the veteran's low back condition is not related to his service-connected left knee injury, and thus denied service connection for this condition. The claim for reopening of a bilateral wrist condition was also denied as there is no new and material evidence submitted.

The Board has determined that the veteran's degenerative changes of the lumbosacral spine were not incurred or aggravated by military service, as there is clear and unmistakable evidence that the condition was pre-existing and not aggravated during service. The claim for service connection is therefore denied.

The Board has determined that additional records are needed from the veteran's VA medical centers and Social Security Administration to properly assess his claims. The veteran will be scheduled for a new VA examination to determine if his disabilities are at least as likely as not related to his inservice head injury.

The Board has determined that the veteran does not have a lung condition, back or knee conditions, or frostbite of the feet that are attributable to his military service. As such, his claims for these conditions must be denied.

The Board has granted service connection for degenerative changes of the knees, resolving doubt in favor of the veteran.

The veteran's degenerative changes of the lumbosacral spine are currently rated at 40 percent, which is the highest rating available under the applicable criteria for limited motion. The disability does not meet or approximate any higher rating based on additional limitation of motion.

The Board has determined that the veteran's service-connected left knee and low back disabilities warrant ratings of 20 percent and 40 percent, respectively. The effective dates for these determinations are not addressed in this decision.

The Board has denied the veteran's claims for service connection for various back, hip, leg, and knee disorders as well as left and right upper extremity disorders. The evidence does not establish that these conditions were incurred or aggravated during active duty.

The Board has denied all service connection claims as there is no medical evidence of current diagnoses for the claimed conditions.

The Board has denied the veteran's claims for increased ratings and service connection for her right knee disability, back disability, and generalized arthritis. The left knee disability is currently rated as 10 percent disabling.