Back / lumbar spine decisions — 2007

The veteran's appeal is remanded for a VA examination to determine the etiology of his claimed disabilities, including Reiter's Syndrome and various joint conditions. The RO will then re-adjudicate the claims.

The Board has remanded the veteran's claims due to incomplete service medical records and requests for further examination.

The VA determined that the appellant's low back strain does not warrant a higher rating as it currently manifests with limited flexion and no other significant findings.

The Board has granted service connection for a low back disability, characterized as spondylolisthesis of the lumbosacral spine with mechanical low back pain, finding that it is linked to service.

The Board has remanded the case due to incomplete medical records, specifically missing a neurosurgery consult report from October 2003. The claim will be readjudicated after these records are obtained.

The Board found that the appellant's lumbar spine disability was not incurred in or aggravated by service, and arthritis may not be presumed to have been incurred therein.

The Board granted a 30 percent rating for residuals of right scapula fracture and denied the increased ratings for lumbosacral spine injury. The TDIU claim was granted effective from May 6, 2005.

The Board denied the veteran's claim for service connection for his low back disorder, finding that there was no evidence to support a link between his current condition and his military service.

The veteran's appeal was granted, with a rating of 40 percent for his low back disorder effective September 26, 2003. The right knee arthritis remains at 10 percent.

The Board granted increased evaluations for the right knee injury and lumbar spine disability, effective from specific dates. The hypertension was also granted a separate evaluation.,A compensable evaluation (greater than zero percent) was granted for the veteran's right ear hearing loss.

The Board denied the veteran's claim for an increased disability rating for her service-connected lumbar strain with L3-4 spondylosis, disc bulging and degeneration, currently rated at 10 percent. The evidence showed slight loss of range of motion but no significant functional impairment.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with spondylosis is related to his active service and grants service connection for this condition.

The Board has granted service connection for the veteran's disabilities, including avitaminosis and other nutritional deficiencies, malnutrition, malaria, residuals of stroke (right-sided hemiparesis), COPD, ischemic heart disease, peptic ulcer disease, irritable bowel syndrome, antral gastritis, osteoarthritis, and degenerative disc disease. These conditions are presumed to have been incurred in service as a POW.

The VA determined that the veteran's low back disability is not related to her service-connected right ankle condition.

The veteran's appeal is being remanded due to the need for a hearing and additional procedural steps regarding new issues on appeal. The original claims of service connection for various conditions remain under review.

The veteran's claims for earlier effective dates and service connection are being remanded due to the need for additional development, including obtaining medical records and providing a VA examination.

The veteran's dysthymic disorder is currently rated at 50 percent, but the evidence does not support a higher rating due to his symptoms and functioning.,The veteran's cervical spine disability is currently rated at 20 percent, which is appropriate given the limitation of motion. The next higher rating of 40 percent requires more severe limitations.,The veteran's lumbar spine disability is also currently rated at 20 percent, with no evidence supporting a higher rating due to his symptoms and functioning.,Both knee disabilities are currently rated at 10 percent each, which the Board finds appropriate given the veteran's limited range of motion and pain. The next higher ratings require more severe limitations or additional functional loss.,The veteran does not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The Board denied service connection for a low back disability as directly related to service. The claims for syncope and right knee disabilities, both claimed as secondary to syncope, are pending.

The Board denied the veteran's claims for service connection for low back and cervical spine disabilities, finding that there was no evidence of a current disability or that such disabilities were caused by his service-connected left knee disability.