Back / lumbar spine decisions — 2008

The Board has determined that further procedural and evidentiary development is needed before deciding the appeal, including obtaining medical records from Naveed Ahmad, M.D., and scheduling a VA orthopedic examination to determine if any disabilities are related to service or secondary to the service-connected left knee disability.

The veteran withdrew his appeal for the right ankle disorder issue prior to a decision being made. The back disorder issue is remanded for further development.

The veteran is seeking service connection for a low back condition. The Board has decided to remand the case due to insufficient evidence regarding the relationship between his in-service complaints and any current low back disability.

The Board found that the veteran's low back disorder and upper respiratory disorder were not incurred or aggravated by active service, with the former being due to a pre-existing condition exacerbated during service and the latter being a persistent refractory upper respiratory infection prior to service.

The Board found that the veteran's back and neck disabilities were not incurred in service, nor are they related to a service-connected disability. Therefore, service connection for these conditions was denied.

The Board has remanded the case for additional development, including obtaining service medical records and attempting to reconstruct the veteran's service medical and personnel records through alternative means.

The veteran's initial ratings for chronic anemia and lumbosacral strain have been denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The veteran's claim for service connection for sleep apnea is granted, and his increased rating for lumbosacral strain with degenerative disc changes remains at 20 percent.

The Board has remanded the veteran's claims for service connection due to conflicting evidence and a need for further examination. The case will be returned to the Board after additional development.

The veteran's service-connected disabilities have rendered him unable to obtain and retain substantially gainful employment, and he requires regular aid and assistance due to his physical incapacity.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder, arthritis, tinnitus, hearing loss, and diabetes mellitus due to a lack of evidence showing these conditions had their onset during or are otherwise related to his active service.

The veteran's spondylolisthesis of the lumbar spine was granted service connection and rated at 10 percent prior to July 7, 2006. On and after that date, his rating was increased to 20 percent.

The Board has denied the veteran's claims for service connection for headaches, night sweats related to mental disturbance, a back disability, and athlete's feet as there is no evidence of such conditions during service or that they are related to service.

The Board has determined that a lumbar spine disorder was not incurred in or aggravated by service, and is not proximately due to, or the result of service-connected bilateral knee disorders.

The Board denied the veteran's claims for service connection for hypertension, low back disability, and bursitis due to a lack of evidence showing these conditions were incurred or aggravated by service.

The Board has confirmed the previous assignment of a noncompensable rating prior to June 22, 2007, and has awarded a 20 percent rating thereafter for the veteran's service-connected back disability.

The Board has reopened the veteran's claim for service connection for aggravation of a back condition and has determined that it is at least as likely as not that his current condition was aggravated by service.

The veteran's appeal is being remanded for further procedural and evidentiary development, including scheduling a VA neurological examination to determine if the veteran has intervertebral disc syndrome related to his service-connected low back strain.

The Board has determined that the veteran's service-connected conditions did not meet the criteria for a total disability evaluation based on individual unemployability prior to March 12, 2002. As such, an earlier effective date is denied.

The veteran's service-connected low back disability is currently rated at 20 percent, which represents a total grant of benefits sought on appeal for the issue of an increased rating.