Back / lumbar spine decisions — 2007

The Board found that the veteran's low back disorder was not incurred in or aggravated by active service.

The Board has granted a 60 percent rating for the veteran's service-connected disruption in the right sacroiliac joint with degenerative changes and degenerative disc disease at L5-S1, effective from the date of the decision. The veteran is also granted TDIU based on his service-connected disabilities.

The veteran's cervical and lumbar spine conditions are being remanded for further examination to determine their relationship to service.

The Board denied the veteran's claims for increased ratings for his service-connected DJD and DDD of the lumbar spine, as well as prostatic hypertrophy. The initial rating for DJD and DDD of the lumbar spine was found to be in excess of what is warranted based on the evidence provided.

The veteran's appeal has been dismissed due to his death. The issues of service connection for a right hand disability and reopening the claim for a back disability are moot.

The Board has reopened the veteran's claim for service connection for a low back disorder and remanded it to the RO for further development. The VA will now consider whether there is new and material evidence that can support the reopening of this claim.

The veteran's claims for service connection for lumbar spine degenerative disc disease, arachnoiditis, bilateral leg condition, bilateral foot condition, cervical spine degenerative arthritis, right arm condition, and left arm and shoulder contusion have been denied. The Board found that new and material evidence had not been received to reopen the claims for cervical spine degenerative arthritis and residuals of left arm and shoulder contusion.

The Board has remanded the case for further development and consideration, including obtaining medical records and scheduling a nephrologist examination. The issues of whether new and material evidence has been received to reopen a claim of service connection for a back disability are also pending.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, assigning a non-compensable disability rating (10%) effective from May 28, 2004. The current rating is 10%.

The Board denied the veteran's claims for service connection for a low back disorder and migraine headaches, finding no new and material evidence to reopen the claim for a low back disorder and concluding that there is insufficient medical evidence linking either condition to service.

The Board has remanded the case for additional development, including obtaining SSA disability benefits records and VA outpatient treatment records. The veteran's low back condition, including DJD and radiculopathy, will be evaluated by a new orthopedic and neurological examination to determine current disabilities and their severity.

The Board found that the veteran's pre-existing low back disability was aggravated during active service, and granted service connection for a chronic low back disability.

The Board found that the veteran's current low back disability was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied service connection for a right shoulder disability and did not reopen the claim for service connection for a back disability due to lack of new and material evidence.

The Board has denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence was submitted since the final April 1980 rating decision.

The Board is remanding the case to provide additional notice and development, including reopening of claims for service connection for low back disorder and pulmonary disorder.

The veteran's claims for increased ratings and effective date issues were denied. The Board found that the evidence did not meet the criteria for higher ratings or earlier effective dates.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA neurological examination to consider the potential application of Note (1) of Diagnostic Code 5243.

The veteran's right knee disability was rated as noncompensable from November 1, 2001 to February 5, 2007 and increased to 10 percent effective February 6, 2007.,Since February 6, 2007, the veteran has been assigned a 10 percent rating for his right knee disability.

The Board denied the veteran's claims for increased evaluations for his lumbar spondylosis and radiculopathy of both lower extremities, finding that he did not meet the criteria for a higher evaluation based on the current evidence.