Back / lumbar spine decisions — 2007

The veteran's claim for an increased rating for his service-connected cervical spine disorder, which includes chronic cervical strain with degenerative disc and joint disease, and bilateral upper extremity radiculopathy, is being remanded due to insufficient medical evidence regarding the severity of his neurological manifestations. The RO must obtain all pertinent records from the Sutter North Medical Foundation and schedule the veteran for VA examinations to determine the nature and severity of his service-connected cervical spine disorder.

The VA determined that new and material evidence had not been presented to reopen the veteran's claim for service connection for lumbar disc disease, resulting in a denial of his appeal.

The veteran's claims for a compensable evaluation for cervical spine degenerative changes and service connection for a back disorder are being remanded due to the failure to appear at scheduled VA examinations. The veteran is also asked to provide consent for examination at an alternative location if Albuquerque, New Mexico.

The Board has ordered a remand for further development, including obtaining medical records and scheduling the veteran for an examination to determine if his low back disability is related to service or secondary to his service-connected cold injury.

The veteran's claim for an increased rating for his service-connected osteochondrosis of the thoracolumbar vertebrae and Scheuermann's disease was denied because he failed to report for a scheduled VA examination.

The Board has determined that the veteran's cervical and lumbar disc disease is not related to his service-connected gunshot wound residuals, and arthritis is not shown within one year of separation. The veteran's gunshot wound residuals are rated as 10 percent disabling.

The VA determined that the veteran's low back disability, which is service-connected, does not warrant a rating higher than 20 percent.

The Board granted the veteran's claims for increased ratings for his low back strain with degenerative changes and left S1 radiculopathy, but denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The effective date of compensation for left S1 radiculopathy was not addressed as it pertained to an earlier effective date issue.

The veteran's claims for increased ratings and initial rating in excess of 10 percent for his service-connected lumbosacral strain, cervical strain, and TMJ dysfunction are being remanded due to the need for further VA examinations.

The Board denied the veteran's claims of service connection for bilateral ankle, knee, and low back disabilities as secondary to her service-connected pes planus. The claim for an increased rating for pes planus was also denied.

The veteran's low back disability was rated at 10 percent from February 20, 2000 to May 26, 2003 and increased to 20 percent effective May 27, 2003. The current rating of 20 percent is granted.

The Board has ordered the Department of Veterans Affairs (VA) to obtain private treatment records from K.P. Oakland Medical Center for any treatment received after November 2002, and then to readjudicate the veteran's claim of entitlement to service connection for a low back disorder.

The veteran's appeal of service connection for a low back disability is being remanded due to the need for another hearing before a Veterans Law Judge at the RO.

The Board has determined that the veteran does not have lumbar disc disease that is attributable to military service or caused by a service-connected condition. The claim for service connection is denied.

The Board denied service connection for all claimed conditions, finding no evidence of their onset or association with the veteran's active service.

The Board denied service connection for obesity and the veteran's right knee, left knee, right hip, left hip, and low back disabilities as secondary to his obesity. The initial rating for diabetes mellitus was also denied.

The veteran's claims for service connection for a lumbar spine disability, post-operative residuals of a deviated nasal septum, and sinusitis are being remanded due to the need for additional medical examinations.

The Board denied the veteran's claims for service connection for myopia and presbyopia with astigmatism, urinary tract infection, low back pain, bilateral shoulder condition, anemia, and eczema. The veteran was granted a 10% rating for left carpal tunnel syndrome and a 10% rating for eczema of the left lower leg.

The Board has determined that the evidence does not support a finding of service connection for the veteran's low back condition.

The veteran's appeal is remanded due to the need for additional development and notification under VCAA requirements.