Back / lumbar spine decisions — 2007

The Board found that the appellant's back disability was not incurred in or aggravated by service, and his liver disability (lupus hepatitis) is not proximately due to or the result of a service-connected disability. The claims were denied.

The case is being remanded for additional development, including obtaining VA treatment records and scheduling the veteran for orthopedic examinations to determine the severity of her low back strain, right hip condition, and right knee disorder.

The Board has determined that the veteran does not have a current disability for hearing loss or a low back condition, and therefore service connection is denied.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for a VA examination and additional treatment records.

The Board has denied the veteran's claims for service connection for a low back condition with radiculopathy, bilateral hearing loss, and tinnitus. The evidence did not support these claims.

The veteran's depression, NOS, has resulted in occupational and social impairment with occasional decrease in work efficiency due to symptoms such as depressed mood and some difficulty with sleep. The RO awarded a 30 percent evaluation for this condition.

The Board has remanded the case due to incomplete evidence and procedural issues, including a need for additional development of records related to the veteran's back condition.

The veteran's claims for increased evaluations have been remanded to the RO for a hearing and further review. The case will be returned to the Board after this is completed.

The veteran was granted TDIU effective August 6, 2003. The RO later determined that the earliest date of an ascertainable increase in disability was March 27, 2003, and adjusted the effective date accordingly.

The veteran is seeking a higher initial disability rating for his service-connected low back disability, currently rated at 20 percent. The RO granted service connection and assigned the current rating in March 2004. However, the case must be remanded to obtain updated VA examinations and additional medical records.

The Board has granted service connection for a low back disorder and awarded a 30 percent rating for traumatic arthritis of the left talonavicular articulation.

The Board has remanded the case for additional development due to incomplete service records and other procedural issues.

The veteran's service-connected low back and right shoulder disabilities did not render him unable to secure or follow a substantially gainful occupation from January 28, 2004, through March 2005.

The VA determined that the veteran's low back disability, diagnosed as degenerative disc disease, does not warrant an evaluation in excess of 10 percent.

The Board has remanded the case due to failure to provide proper VCAA notice.

The Board has determined that the veteran's fibromyositis of the lumbosacral paravertebral muscles warrants a rating of 20 percent, effective from the date of the appealed decision.

The Board has granted a 40 percent rating for the veteran's degenerative disc disease of the thoracolumbar and lumbar spine, with osteoarthritis of the facets of L4-L5 and L5-S1 and a history of congenitally small spinal canal.

The Board has remanded the claim for an extraschedular rating due to a substantial reduction in productivity and overall job performance, which might indicate a 'marked interference with employment' under VA regulations. The case is referred back to the Director of Compensation Service for consideration.

The Board finds no evidence of a chronic low back disability or degenerative disc disease of the cervical spine in service, and there is insufficient medical evidence to support a finding that these conditions are related to service.,There is also insufficient medical evidence to support a finding that the veteran's neurogenic bladder condition is related to service.

The Board has determined that the veteran's cervical spine disorder is related to his military service and has granted service connection. The veteran's lumbosacral strain, which was already service-connected, has been rated at its maximum allowable under the old rating criteria.