Back / lumbar spine decisions — 2007

The Board has granted service connection for tinnitus, finding that the veteran's current condition is related to his military service. Service connection was denied for a low back disorder due to lack of evidence linking the current condition to service.

The Board finds that the veteran's appeal for an earlier effective date for service connection and disability rating is denied due to lack of entitlement under the law. The earliest possible effective date for the grant of service connection for a lumbar spine disability is February 28, 2005.

The Board has remanded the case for further development, including a VA examination to determine whether the veteran's current low back disability is related to service and to assess the severity of his right knee disability.

The Board denied service connection for neck and low back injuries, finding no evidence of a nexus to service.

The veteran's appeal is being remanded for additional development, including obtaining records from the VA Medical Center in Dallas and scheduling any necessary VA examinations to evaluate his back disability.

The Board has remanded the case due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The claim is being returned for further action.

The veteran is seeking higher initial ratings for his low back disability, with the primary issue being whether he should receive a rating in excess of 20 percent prior to November 12, 1998, and an increased staged rating from that date. The case has been remanded due to incomplete medical records.

The Board found that new and material evidence had not been received to reopen the veteran's previously denied claims for service connection for degenerative disc disease of the lumbar spine and right knee disability. As such, these claims were not reopened.

The Board has determined that the veteran's tinnitus, bilateral hearing loss, degenerative disc disease of the cervical and lumbar spine, and right knee disability are not related to his period of active duty. As such, service connection for these conditions is denied.

The Board found that the veteran's current low back and bilateral leg disorders were not caused by VA medical treatment, as there was no evidence of carelessness, negligence, or lack of proper skill on the part of VA. The worsening of his conditions after surgeries was considered reasonably foreseeable.

The Board has determined that the veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's herniated disc is related to his in-service low back injury.

The Board has determined that the veteran's March 2005 VA spine examination is inadequate for his service connection claim and additional medical records are needed. The case is REMANDED to obtain these records, provide a new VA spine examination, and then readjudicate the claim.

The Board has remanded the case for further development, including a VA examination and consideration of new evidence. The claim of service connection for lumbosacral strain is to be reopened, while the issue of nerve damage of the legs will also be considered.

The Board has remanded the case due to the need for notification regarding what evidence is necessary to reopen the claim for service connection for a low back disability.

The Board denied the veteran's claims for service connection for cervical and thoracic spine disabilities, as well as his claim for an increased rating for postoperative residuals of a lumbar disc syndrome. The veteran's current disability ratings remain at 40 percent.

The Board has found new and material evidence to reopen the veteran's claim for service connection of a low back disability. The case is remanded for further development, including a VA examination.

The veteran's service-connected lumbosacral strain resulted in severe limitation of motion, warranting a 40 percent rating since September 26, 2003.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain, superimposed on spondylolisthesis, effective January 23, 2004. The maximum schedular rating under Diagnostic Code 5293 is warranted due to pronounced intervertebral disc syndrome (IVDS) with persistent symptoms compatible with sciatic neuropathy.

The Board denied the veteran's claims for service connection for a low back disability, cervical spine condition, and residuals of concussion. The evidence did not raise a reasonable possibility of substantiating these claims.