Back / lumbar spine decisions — 2008

The Board has determined that there is no 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 a rating in excess of 40 percent for lumbar stenosis and a rating in excess of 20 percent for radiculopathy of the right leg are warranted based on current functional limitations.

The Board has determined that the veteran's cervical and lumbar spine disabilities, as well as his GERD with erosive gastritis and esophagitis/Barrett's esophagus, are service-connected.

The veteran's claims for increased ratings for lumbosacral strain and PTSD were denied by the Board. The decision did not address service connection issues.

The Board denied service connection for a chronic gastrointestinal disorder and lumbosacral strain, finding that the evidence did not support a nexus to service.

The Board has determined that the appellant's claims for earlier effective dates for service connection are denied as they do not meet the legal criteria.

The Board has remanded the case for compliance with its April 2007 remand directives, including providing the veteran with proper notice and additional evidence. The case will be reviewed by the RO after all necessary development is completed.

The Board found that the veteran's lumbosacral strain with herniated disc at L4-5 primarily manifested as persistent and chronic low back pain, severe limitation of motion, and lumbar radiculopathy. The disability did not meet criteria for a higher rating due to lack of vertebral fracture with cord involvement or unfavorable ankylosis of the lumbar spine.

The Board has granted service connection for a low back condition and assigned a 10 percent disability rating effective February 9, 2004. The veteran's bilateral hearing loss was also granted service connection but the initial rating remains at 0 percent.

The Board has determined that the veteran does not have a low back disability that is attributable to his active military service or made worse by his service-connected bilateral pes planus with hallux valgus. Therefore, service connection for a low back disability is denied.

The Board has determined that the veteran's current back disorder is directly related to his service-connected left and right knee disabilities, including residuals of a left knee injury and status-post operative right knee associated with residuals of a left knee injury.

The veteran was found to be unable to secure and maintain substantially gainful employment due to his service-connected disabilities, but the effective date for TDIU is denied as he had maintained full-time employment until May 5, 1999.

The Board found that the veteran's scoliosis of the thoracic and lumbar spine did not warrant a rating in excess of 10 percent during the period on appeal.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination.

The VA determined that the veteran's lumbar spine disability, which is manifested by forward flexion to 55 and 90 degrees without any ankylosis, does not warrant a higher evaluation than the current 20 percent rating.

The veteran's appeal is remanded for further consideration of the rating for her low back disability, including intervertebral disc syndrome criteria and extraschedular considerations. The RO must also provide proper notice regarding the specific criteria necessary for increased ratings.

The veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for additional examination and development of records.

The veteran's appeal is remanded for further development, including a VA examination to assess his employability due to his service-connected low back disability.

The veteran's abdominal scar was granted an effective date of December 30, 1999. The veteran also received a 10 percent evaluation for his postoperative residual abdominal scar as of July 3, 2000, and the RO increased this to January 13, 2003.

The Board granted the veteran's claims for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for low back strain, headaches, and dental trauma due to VA medical treatment.