Back / lumbar spine decisions — 2007

The veteran's claim for increased ratings for lumbosacral strain was denied. The RO granted a 10 percent rating effective from the date of service discharge and later increased it to 20 percent effective September 26, 2003.

The Board has determined that the veteran does not have a current hearing loss, tinnitus, low back disability, or trench mouth that is related to his military service.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 for additional disability of the back and bilateral foot drop resulting from VA surgery have been denied due to lack of new and material evidence.

The Board denied the veteran's request to reopen his claims for service connection for back disorder and headaches, finding that the submitted evidence was not new and material.

The Board has remanded the veteran's claims due to insufficient VCAA notice and additional development is needed before a decision can be made.

The Board has remanded the case to the RO for compliance with its instructions due to new and material evidence submitted by the veteran.

The veteran's heart disorder was not incurred in or aggravated by active service and is not presumed to have been so incurred.,Between October 2, 1998 and November 14, 2005, the residuals of his lumbosacral strain did not meet the criteria for a higher rating. After November 15, 2005, he was granted a 40 percent disability rating.

The Board has remanded the case for additional development, including scheduling a VA examination and verifying the veteran's current address. The claim remains on appeal.

The Board has determined that the veteran's DDD of the lumbar spine was not incurred in or aggravated by service and is not related to his period of active military service.

The Board denied the veteran's claims for service connection of his back disorder and left knee disability, as well as a temporary total rating due to convalescence following low back surgery. The claim for an increased rating for postoperative residuals of a dislocated left kneecap was also denied.

The veteran's initial evaluations for his lumbosacral spine degenerative disc disease, right knee post-traumatic osteoarthritis, and left ankle disability have been granted. The evaluation for the lumbosacral spine has been increased to 40 percent from September 16, 1995 to November 16, 1997, and then to 50 percent from February 27, 2006 onwards.

The case is being remanded for additional development, including obtaining SSA medical records and scheduling the veteran for an orthopedic examination to determine if his back disability began during service or is related to it.

The Board has determined that the veteran's scar on his lower back warrants a 10 percent rating, reflecting its impact on his range of motion and discomfort.

The Board found that the veteran's bilateral foot disorder, pes planus, was not incurred or aggravated by active service. The lumbar spine and bilateral knee disorders were also not proximately due to or the result of a service-connected disability.

The Board denied the veteran's claims to reopen his service connection for a back disability and skin disorder, finding that no new and material evidence had been submitted.

The veteran's claims for service connection were denied, and the RO found that new and material evidence had not been submitted to reopen his claims. The GERD with hiatal hernia claim was granted based on secondary service connection.

The veteran does not have a current diagnosis of a low back disorder and the Board finds that service connection for a low back disorder is not warranted.

The Board has granted a 40 percent evaluation for the service-connected degenerative arthritis of the lumbar spine, effective from June 1996. The veteran's psoriasis is not considered separately as it does not meet the criteria for separate rating.

The Board has determined that an examination is needed to verify the current severity of the veteran's service-connected low back disability and associated radiculopathy. The case will be returned for further action.

The Board has ordered additional development due to the loss of the veteran's service medical records and other relevant documents. The claims for hip injury residuals and lumbar strain, degenerative joint disease are being remanded for further review.