Back / lumbar spine decisions — 2007

The veteran's claim for an increased disability rating for degenerative arthritis of the lumbodorsal and lumbosacral spines is being remanded due to incomplete examination findings.

The Board denied the veteran's claims for increased ratings for degenerative disc disease of the lumbar spine with low back pain and residuals of a left distal thigh bayonet wound, finding that the evidence did not support higher ratings under applicable VA rating criteria.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other applicable laws, regulations, and case law.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to determine the current severity of his service-connected low back disability. The effective date issue remains pending.

The Board has determined that the appellant's lumbar spine, right knee, and left knee disorders are not service-connected as they are not caused or aggravated by her service-connected left foot disabilities.

The Board has determined that the veteran's current degenerative changes of the lumbosacral spine are related to his in-service injury, and thus service connection is granted.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board found that the RO properly calculated the combined schedular rating for all service-connected disabilities following an April 2003 rating decision, and denied a higher combined rating.

The Board found that the veteran's current cervical spine condition did not start during service and is unrelated to any in-service injury or a service-connected lumbar spine disability. Therefore, service connection for this condition was denied.

The Board has remanded the case due to incomplete medical records and a need for further development, including obtaining treatment records from Jefferson Memorial Hospital and Social Security Administration disability benefits documents. The veteran's current low back disorder is being evaluated to determine if it is at least as likely as not related to his service injury in June 1975.

The veteran's low back disability is currently rated at 10 percent, effective May 1, 2002. The VA determined that the limitation of motion does not more nearly approximate moderate than slight.

The Board found that the veteran's current hearing loss is not related to his service and denied his claim for service connection. The low back pain issue remains pending as the SSA records have not been obtained.

The Board has determined that the veteran's claimed disabilities, including bilateral knee injuries and lumbar spine degenerative disk disease, were not incurred or aggravated by service. The claims are denied.

The veteran's combined rating for his service-connected conditions is 70%, but the Board finds that he can still secure and follow a substantially gainful occupation.

The VA determined that the veteran's low back strain does not warrant a higher rating, as it only causes moderate limitation of motion without any incapacitating episodes or radiculopathy.

The Board denied service connection for bilateral hearing loss, right knee condition, and low back condition. The veteran's claims were not reopened due to lack of new and material evidence, and the conditions are not considered related to his military service.

The Board denied service connection for low back disability, cervical spine disability, radiculopathy of the bilateral lower extremities, depression, and genito-urinary disability. The veteran's claims were not supported by competent medical evidence linking his current conditions to his military service.

The veteran's appeal is being remanded due to the RO not providing a Statement of the Case subsequent to his August 1982 Notice of Disagreement until March 2002, and considering evidence prior to October 1999.

The Board found that the veteran's low back strain does not warrant a rating in excess of 10 percent, and denied service connection for a heart condition.

The veteran's service does not meet the threshold eligibility requirements for nonservice-connected pension benefits due to lack of qualifying service. The claims for service connection for low back disorder, left knee strain, and migraine headaches with blackouts are denied as there is no evidence that these conditions were incurred in or aggravated by service.