Back / lumbar spine decisions — 2008

The veteran's bilateral pes planus is rated at 10 percent, and his service connection claim for degenerative disc disease of the lumbar spine was denied.

The veteran's service-connected low back pain with history of frequent spasms was increased to a 20 percent rating effective December 17, 2007. His right and left knee chondromalacia patella conditions were also rated at 10 percent each.

The veteran's service-connected lumbar strain with spasm and arthritis is currently manifested by pain, limitation of motion, spasm, and osteoarthritic changes. The claim for an increased rating has been denied as the disability does not meet the criteria for a higher evaluation.

The Board finds that the veteran's current back disability was not incurred in service and is not related to his active duty. The claim for PTSD remains pending.

The Board denied the veteran's claims for service connection and increased ratings, finding that new evidence did not reopen his low back disorder claim and that he was not entitled to higher ratings for his right hand fracture or hearing loss.

The Board has determined that the veteran's low back disability and left lower extremity neuropathy were not incurred or aggravated by service, nor are they related to a service-connected condition. Therefore, service connection for these conditions is denied.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's current low back disability is related to her service-connected right knee condition. The veteran needs a VA examination to determine this relationship.

The Board has determined that additional medical evidence is needed to fully adjudicate the veteran's claims for service connection for a left toe disorder and a low back disorder. The RO/AMC will obtain relevant treatment records, arrange for an orthopedic VA examination, and then readjudicate these claims.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current ankle disabilities, and the low back disability was rated at 10%.

The veteran's claims for an increased rating for lumbosacral spondyloarthritis and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Board denied the veteran's claim for service connection for a low back disorder, finding that new and material evidence had not been received to reopen his previous denial. The Board also determined that there was no evidence of a chronic low back disorder in service or post-service, and concluded that any current low back disorder is unrelated to active duty.

The Board has remanded the case for additional development due to missing VA medical records and Social Security Administration disability determination.

The Board dismissed the appeal as to the issue of service connection for residuals of a stab wound to the left forearm due to the appellant's withdrawal of his appeal. The claim for service connection for residuals of a stab wound to the left low back was denied.

The Board has remanded the issues of service connection for left ear hearing disorder, asthma, and low back disorder due to additional development being required. The veteran's claims are not supported by evidence showing a direct link between his current conditions and military service.

The veteran's claim for an increased rating for his left foot disability was granted, and a 10% rating was assigned effective December 23, 2004. The service connection for the low back disability secondary to the left foot disability has been reopened, but no new rating is granted at this time.

The Board denied the veteran's claims for service connection for scars secondary to hemorrhoids and a back disability, as well as his claim for an effective date prior to December 5, 1997 for TDIU due to service-connected disabilities. The veteran was found not to have current scars related to his service-connected conditions or active service.

The Board denied the veteran's claim for an earlier effective date for service connection of lumbar back strain, finding that his February 1954 claim was abandoned and a new claim was not received until March 10, 1997.

The veteran's service-connected low back injury is not productive of more than moderate limitation of lumbar spine motion for the period beginning July 6, 2006. Therefore, a higher initial evaluation in excess of 20 percent is denied.

The Board found no evidence of a low back, right knee, or left knee disability during service and denied the veteran's claims for service connection.

The Board denied the veteran's claims for increased ratings for his lumbar spine disorder and left lower extremity radiculopathy, finding that the evidence did not meet the criteria for higher ratings under the applicable rating codes.