Back / lumbar spine decisions — 2007

The veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for additional medical examination and consideration of recent evidence.

The Board has found that the November 13, 1997 rating decision was clearly and unmistakably erroneous, finding that the veteran had not submitted a 'well-grounded' claim for service connection for a back condition. The original claim is now considered well-grounded.

The Board denied the veteran's claims for service connection for a respiratory disorder and low back disability. The evidence submitted did not raise a reasonable possibility of substantiating these claims.

The veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbosacral spine was partially granted, with a separate initial 10 percent rating assigned for radiculopathy. The RO also continued the previously assigned 40 percent rating for DDD. The decision is mixed as some issues were granted and others not.

The Board has reopened the veteran's claim of service connection for a low back disability due to new evidence received since the last denial. The VA examiner concluded that the current low back condition is not related to an in-service injury, but rather to a worker's compensation injury in 1997.

The veteran's claims for service connection for various conditions have been withdrawn.

The Board has determined that the appellant's lumbar spine disability warrants a 40 percent evaluation, which is the maximum schedular rating available under current VA regulations.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The specific issues of service connection are still pending.

The Board found no evidence of a lumbosacral strain or left knee disorder during active duty service, and thus denied the veteran's claims for service connection. The appellant did not provide worker's compensation records to support his claim.

The veteran's left ankle sprain is currently rated at the noncompensable level.,The veteran's status post vasectomy with vasovasectomy and orchipexy secondary to a retractable right testicle was properly rated at the 10 percent level from March 1996.,The veteran's L5 nerve root irritation with a history of lumbosacral strain and narrowing of L4-L5 is currently rated at the 20 percent level, effective March 1996. The appeal for an increased rating remains denied.,The veteran's degenerative joint disease of the right shoulder was properly rated at the noncompensable level.

The veteran's cervical strain was rated at 10% prior to April 12, 2004 and increased to 20% thereafter. His thoracolumbar strain was also initially rated at 10%, which was later increased to 40%. The claims for higher ratings remain pending.

The Board has determined that the veteran does not have a current back disorder and therefore, service connection for a back disorder is denied.

The Board found no evidence linking the veteran's low back disability to service, and denied service connection for a right hip disorder.,Service records show that the veteran had an injury during a parachute landing in May 1987, but there is no current diagnosis of a right hip disorder.

The RO denied increased ratings for the veteran's service-connected left knee disability and secondary service connection claims for various disabilities.,The RO found no medical evidence supporting a nexus between the veteran's service-connected left knee disability and his claimed disabilities.

The veteran's appeal is being remanded for further development of his claims, including obtaining additional VA medical records and providing him with VCAA notice regarding disability ratings and effective dates.

The veteran's claims for service connection have been granted for hypertension, depression, and arthritis of the left shoulder. Other claims remain pending.

The Board has denied the veteran's claims for service connection for low back, right knee, and right hip disorders due to a lack of evidence supporting these claims.

The Board has remanded the case to obtain additional medical records and conduct VA examinations for the veteran's claimed conditions. The issues of service connection for low back pain, bilateral knee disability, uterine fibroids, and thyroid disease are pending.

The Board has remanded the case due to the need for clarification on whether the veteran's current low back disability is related to military service, specifically addressing the issue of aggravation.

The Board found that a chronic low back disorder was not incurred in or aggravated by service and is not proximately due to or the result of the service-connected post-operative residuals of an osteochondral fracture of the right talus with instability and arthritis.