Back / lumbar spine decisions — 2008

The Board has remanded the case due to incomplete service records and requests for additional information about the veteran's health.

The Board found no evidence of a current disability and denied the veteran's claim for service connection for low back pain.

The Board has reopened the veteran's claim for service connection due to new and material evidence submitted since the last denial. The Board also determined that his pre-existing congenital spina bifida occulta was aggravated by his military service, resulting in additional superimposed low back disability.

The Board denied the veteran's claims for service connection for right knee, left hip, and back disorders as secondary to his service-connected left knee disability. The VA examiner concluded that the current right knee disorder is not related to his service-connected left knee disability or military service.

The Board has dismissed the appeal for a rating in excess of 40 percent for lumbosacral strain, to include pain to the hips and lower extremities due to the veteran's request for withdrawal.

The Board has determined that the veteran does not currently suffer from a bilateral hip/leg disability and denied his claim for service connection. The issue of an increased rating for the service-connected degenerative joint disease of the lumbosacral spine is also addressed in this decision.

The Board found that the veteran's service records do not show any chronic low back or headache disorder during his active duty. The preponderance of evidence does not support a finding that these conditions are related to his military service, and thus denied the claims for service connection.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, left ankle disability, neck pain, headaches, herpes zoster, and low back pain due to lack of current diagnoses.

The veteran's claims for service connection of bilateral shoulder, foot, and low back disabilities, as well as his claim for an initial compensable evaluation for the residuals of fracture of the medial epicondyle of the left elbow are being remanded due to incomplete or unavailable medical records. The veteran needs to be provided with a VA examination to determine the nature and etiology of these conditions.

The Board has determined that the veteran's claimed conditions, including a back disability, hypertension as secondary to service-connected PTSD, a heart condition as secondary to service-connected PTSD, and a bilateral knee disability, were not incurred in or aggravated by active service. The initial rating for PTSD remains unchanged.

The Board has determined that the record is not sufficiently developed to make an informed decision on the veteran's claims for a higher rating for her chronic low back strain and TDIU. The case is being remanded to schedule a VA examination, obtain any outstanding medical records, and readjudicate the claims.

The Board has remanded the veteran's claim for an initial increased rating for his lumbar myositis and degenerative joint disease of the lumbar spine due to unclear findings from a previous examination.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease, lumbar spine was denied. The RO found that the disability did not meet criteria for a higher rating due to lack of incapacitating episodes or ankylosis.

The Board has remanded the case due to incomplete records and a need for further development of the veteran's claim for service connection for a low back disability.

The Board found that the veteran's current low back disorder is not related to her active duty service and denied her claim for service connection.

The VA determined that the veteran's degenerative disc disease with arthritis did not warrant an evaluation in excess of 20 percent.

The Board has granted service connection for the veteran's lumbar spine disorder and associated neuropathies of the lower extremities. The initial evaluations assigned are 10 percent each, with no higher ratings being warranted based on current evidence.

The veteran's appeal is being remanded for additional development of the record, including obtaining medical records and scheduling VA examinations to determine the nature and severity of his PTSD and low back disability.

The Board granted a disability rating of 20 percent for lumbosacral strain and found that the veteran's left meralgia paresthetica warranted a separate noncompensable rating under Diagnostic Code 8529. The effective date was not specified.

The veteran's claim for an increased rating for his service-connected chronic low back strain was denied as the condition does not meet the criteria for a higher evaluation.