Back / lumbar spine decisions — 2007

The Board has remanded the case for additional development due to insufficient medical opinions regarding the veteran's service connection claim.

The Board granted an evaluation of 40 percent for the appellant's lumbar spine disability prior to May 14, 2005. As of May 14, 2005, the criteria for a 60 percent rating were met.

The Board found that the veteran's service-connected low back disorder is currently rated at 10 percent and does not warrant a higher rating.

The veteran's initial ratings for his service-connected low back disability and bilateral plantar fasciitis were granted, with the low back disability receiving a higher rating of 40% effective August 1, 2006. The left lower extremity radiculopathy associated with the low back disability was also granted but at a lower initial rating.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including Bell's palsy, migraine headaches, chronic sinusitis, and a low back disorder.

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

The VA denied the veteran's claims for increased ratings for his service-connected osteoarthritis in the left shoulder and lumbosacral strain, finding that the current ratings adequately reflect the severity of these conditions.

The veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining VA treatment records and considering all relevant evidence.

The veteran's claims for service connection are being remanded due to the need to obtain her service medical records, VA treatment records from 1970-2001, and a psychiatric, bilateral foot, and gastrointestinal examination. The claim for low back disability is also being reopened as it was previously denied in 1989.

The Board has remanded the case for further development, including obtaining medical records and a VA examination to determine if the veteran's right hip disability is caused or aggravated by his service-connected right knee disorder.

The Board denied the veteran's claims for service connection for gastrointestinal disorder, psychiatric disorders including PTSD and mental problems, memory loss, alcoholism, and back disorder (including scoliosis). The reasons were that there was no evidence of a current disability related to service or any presumptive conditions.

The Board found that the veteran's current back disorder was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing proper VCAA notice.

The Board has ordered a remand to obtain medical opinions regarding the etiology of the veteran's claimed back and left hip disabilities. The case will be returned for further adjudication.

The Board has determined that the veteran's current bilateral knee and lumbosacral spine DJD are as likely as not related to service, including his reported in-service injuries. As a result, both claims for service connection have been granted.

The Board found no evidence of additional back disability resulting from the May 1975 laminotomy surgery, and thus denied benefits under 38 U.S.C.A. § 1151 for a back disorder with impotence.,The Board also found that the veteran's reduced lung capacity was a necessary consequence of his January 1993 thoracotomy surgery to remove a tumor, and thus denied benefits under 38 U.S.C.A. § 1151 for a pulmonary disorder.

The veteran's case is being remanded for additional medical records and a VA examination to assess the severity of his lumbosacral strain.

The veteran's claims for increased ratings were denied as the evidence did not show that his sarcoidosis required systemic high dose corticosteroids, and his lumbosacral strain was not severe enough to warrant a higher rating.

The Board has determined that further development is needed to verify the veteran's claimed stressors for PTSD and to assess the severity of his low back disorder. The case will be returned to the RO for these purposes.

The veteran's claim for a total disability rating based on individual unemployability and a temporary total evaluation due to hospitalization was denied as his service-connected disabilities alone do not preclude him from securing or following a substantially gainful occupation, and the period of hospitalization did not exceed 21 days.