Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for higher initial ratings for her service-connected scoliosis with recurrent lumbar strain and bilateral fibrocystic breast disease. The RO assigned a 20% rating for the low back disability effective April 4, 2001.

The Board denied the veteran's claim for service connection of a chronic low back disability, concluding that there is no evidence linking his current condition to his military service.

The VA has granted a 50 percent rating for the veteran's service-connected osteoarthritis of the lumbar spine, effective from December 12, 2001.

The veteran's service-connected conditions do not effectively preclude all forms of substantially gainful employment, and the Board denies a total rating based on individual unemployability.

The Board has denied the veteran's claims for service connection for low back, bilateral ankle, and bilateral foot disabilities due to a lack of competent medical evidence linking these conditions to his military service.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling examinations.

The Board has remanded the case for further development due to incomplete medical opinions and missing Social Security Administration records.

The Board denied the veteran's claims for service connection for PTSD and for compensable evaluations for low back and right knee disabilities due to lack of credible evidence supporting the occurrence of claimed in-service stressors.

The veteran's thoracic herniated nucleus pulposus, lumbar degenerative disc disease, sacroiliitis and scoliosis are currently rated as 10 percent disabling. The veteran's cervical herniated nucleus pulposus is also rated at 20 percent.

The Board has determined that the veteran's bilateral hip pain and degenerative disc disease of the lumbar spine are at least as likely as not related to his military service, granting service connection for these conditions.

The Board denied the veteran's claims for service connection for fungus of the feet and chest, compound fracture of the cervical spine, and low back disability. The evidence did not show a current diagnosis or link to military service.

The veteran's appeal was denied as his service-connected low back disability did not warrant higher ratings prior to April 12, 2007. The RO found that the evidence did not support staged evaluations or increased ratings for the period before April 12, 2007.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by service.

The Board found that the veteran's current back disability was not present during service or within one year of his discharge, and is not attributable to any injury during service. Therefore, the claim for service connection for residuals of a back injury, diagnosed as degenerative disc disease, has been denied.

The VA determined that the veteran's current degenerative disc disease and degenerative joint disease of the lumbar spine was not incurred or aggravated by active service, and its incurrence or aggravation may not be presumed. The Board found that there is no evidence to support a finding that these conditions were present in service or within one year after separation from service.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by service and is not causally related to a service-connected disability.

The Board found that the veteran's lumbar spine DDD and osteoarthritic changes were not incurred in or aggravated by active service, and arthritis may not be presumed to have been incurred therein.

The veteran's appeal for service connection for a psychiatric disorder, other than PTSD, to include as secondary to his service-connected bilateral flat feet was dismissed due to the lack of a timely filed Substantive Appeal. The Board lacks jurisdiction over this issue.

The Board has determined that the veteran does not have a neck or low back disability related to his service, and thus denied both claims for service connection.

The Board has ordered a remand due to the need for additional medical records and an examination to determine if the veteran's back disorder is related to service, including whether it was aggravated by service.