Back / lumbar spine decisions — 2007

The VA determined that there is no evidence linking the veteran's arthritis of the cervical, dorsal, and lumbar spine to his service. The Board found that the veteran did not provide sufficient medical evidence to establish a nexus between his current condition and his military service.

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims for service connection for lumbar spine, right knee, and left knee disorders. This includes obtaining medical records from various providers and scheduling a VA examination.

The Board has dismissed the issue of entitlement to service connection for bilateral hearing loss due to a potential jurisdictional defect. The veteran's claim for an increased rating for his lower back condition is remanded for further action.

The veteran's service-connected low back disorder is not rated higher than 20 percent due to lack of severe lumbosacral strain or incapacitating episodes requiring bedrest and treatment prescribed by a physician.,The veteran's service-connected right knee disorder does not warrant an increased rating as it does not meet the criteria for flexion limited to 30 degrees and extension limited to 15 degrees.

The Board found that the veteran does not currently have a low back disability and denied service connection for this condition. The claim of major depression was also denied as there is no evidence linking it to active duty service.

The veteran's service-connected right knee injury with degenerative joint disease and postoperative residuals, herniated nucleus pulposus, lumbosacral spine were granted increased evaluations to 40 percent. The compensable evaluation for kidney stones was denied.

The VA denied the veteran's claim for an increased disability rating for his service-connected lumbar strain, currently rated at 20 percent.

The Board has ordered the case to be remanded due to incomplete records and the need for notification regarding service connection.

The Board denied service connection for presbyopia with astigmatism, hypertension, heart condition, back condition, rib injury, and right shoulder injury. The skin disorder claim is pending as the RO has not yet issued a statement of the case.

The Board granted increased ratings for the veteran's cervical spine, lumbar spine, and bilateral knee disabilities under the criteria for arthritis with limitation of motion. The effective date is not specified as it was awarded in April 2006.

The Board has denied the veteran's claims for service connection for post-traumatic stress disorder, residuals of a left shoulder injury to include a rotator cuff tear, and residuals of a low back injury due to lack of evidence linking these conditions to service.

The veteran's claim for an increased initial rating for his service-connected lumbar myositis is being remanded due to changes in spine ratings criteria since the grant of service connection.

The veteran's claim for an earlier effective date for service connection was denied as his claim was received after the one-year period following his discharge from active duty.

The veteran's appeal is being remanded due to the submission of additional private treatment records and his request for a hearing. The RO must consider these new pieces of evidence and provide an opportunity for the veteran to respond before readjudicating the claim.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for low back pain, finding that there is insufficient evidence to establish a relationship between his current disability and service.

The veteran's appeal is being remanded for further development and consideration of his claims, including a VA examination to address the etiology of memory loss and service connection for dental disabilities.

The veteran's initial ratings for asthmatic bronchitis, low back strain, residuals of head trauma (manifested by a tender scar and headaches), fracture of the right fifth metacarpal, and tinea pedis with bilateral onychomycosis have been denied.,No specific rating has been assigned for sinusitis.

The Board denied an increased evaluation for the appellant's lumbar spine disability, finding that it did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's service-connected degenerative disc disease with herniated disc at L5 with radiculitis was granted a rating of 40 percent from October 13, 2000 to January 11, 2002. From January 11, 2002 onward, the veteran's service-connected degenerative disc disease of the lumbar spine with degenerative spondyloarthritis was granted a rating of 40 percent.

The Board denied a higher rating for lumbosacral strain, finding that the current 40 percent rating under Diagnostic Code 5295 is appropriate given the veteran's symptoms and range of motion.