Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with VCAA notice.

The Board found that the veteran's current low back disability is not related to service, and arthritis may not be presumed to have been incurred therein.

The Board has granted service connection for PTSD and residuals of herbicide exposure, including chronic folliculitis, soft tissue sarcoma, and other skin disorders. Service connection is denied for the remaining conditions.

The Board found no evidence of a low back or right shoulder condition during service, and the preponderance of the evidence does not support a finding that any current conditions are related to service. The veteran's claims for service connection were denied.

The veteran's claims for increased ratings for her service-connected back disability and radiculopathy of the left lower extremity were denied by the RO. The RO found that the veteran's symptoms did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied service connection for cervical spine, neck and shoulder disorders, thoracic spine disorder, bowel incontinence, urinary incontinence, and erectile dysfunction as secondary to the veteran's service-connected residuals of a low back injury.

The VA has determined that the veteran's service-connected Reiter's syndrome does not meet the criteria for a higher evaluation due to lack of definite impairment or incapacitating exacerbations.

The veteran's claims for higher ratings for service-connected left knee arthritis and instability from June 25, 2007 to August 1, 2008 are granted. The rating of 30 percent is effective June 25, 2007.

The Board found that the submitted evidence was new but not material, as it did not address whether there is a link between service and the veteran's current complaints of lumbar spine disorder.

The Board denied the veteran's claims for service connection for various ankle, knee, and hip disorders as well as a back disorder. The evidence did not show any chronic disability in service or within one year of service that could be presumed to have been incurred due to exposure to Agent Orange or other known risk factors.

The Board denied the veteran's claim for service connection for a back disorder, finding that her preexisting scoliosis did not undergo a permanent increase in severity during active service and thus could not be presumed to have been aggravated by service.

The Board has reopened the veteran's claims of service connection for a back disorder, knee disorder, and an acquired psychiatric disorder. The new evidence received since the last final denial supports these claims.

The veteran's claims for service connection for various conditions are denied as there is no evidence linking these conditions to his period of active service.

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence. However, the claim is still denied as there is no current diagnosis of a low back disorder related to service.

The Board has ordered a remand to obtain an orthopedic examination and determine if the veteran's current low back conditions are related to service.

The veteran's claim for an increased rating for his low back disability was denied. The VA determined that the current 20 percent rating adequately reflects the severity of his condition, which includes forward flexion limited to 70 degrees and mild incomplete paralysis of the sciatic nerve in both lower extremities.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that there is no medical evidence linking the veteran's current low back disability to his military service, and thus denied the claim for service connection.

The Board has determined that additional development is needed for the veteran's claims, including obtaining medical records and scheduling examinations to assess his current disability levels. The case will be returned to the RO for further action.

The veteran's claims for increased evaluations for degenerative disc disease of the lumbar spine and radiculopathy of the left lower extremity are being remanded due to the submission of additional private medical records after certification to the Board. The RO must review this evidence and include it in a supplemental statement of the case (SSOC).