Back / lumbar spine decisions — 2008

The Board has remanded the case due to incomplete records and further investigation is required.

The Board has denied the veteran's claim to reopen his service connection for a low back disorder, and the case is being remanded due to the need for further clarification of its reasons.

The Board has remanded the case for another medical opinion to determine if the veteran's back and neck disorders are related to his military service, including injuries sustained during active duty training. The claims will be readjudicated based on this new information.

The veteran's service-connected lower back disability was rated at 10 percent before April 6, 2007 and at 20 percent thereafter. The current rating of 20 percent is granted.

The veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination.

The Board denied the veteran's claim for service connection for degenerative arthritis, finding that his current conditions were not incurred in or aggravated by his active service.

The Board has determined that the veteran does not have any of the claimed disabilities due to service and therefore, service connection is denied for all issues.

The Board denied the veteran's claims for service connection for a right leg disorder, left foot disorder, and residuals of a right ankle sprain (right foot disorder), as there is no evidence linking these conditions to his military service.

The Board denied the veteran's claims of CUE in prior RO rating decisions and found that there was no clear and unmistakable error, thus denying his request for an earlier effective date.

The veteran's appeal is remanded due to the need for additional evidence and examinations, as well as consideration of staged ratings under Fenderson v. West (1999).

The veteran's cervical spine disability was granted a rating of 30 percent effective August 4, 2007. The lumbar spine disability was granted a rating of 60 percent effective August 4, 2007.

The veteran's low back disorder, which includes osteoarthritis and pain, is currently rated at 10 percent. The Board found that the current rating adequately reflects his disability.

The VA determined that the veteran does not have a current low back disorder and therefore denied his claim for service connection.

The Board found that the veteran's low back disability and numbness and pain in the right lower extremity were not caused or permanently worsened by his service-connected cervical spine disability, thus denying both claims for service connection.

The Board has determined that the veteran's right knee disability was not incurred in or aggravated by active service and therefore denied his claim for service connection.

The Board found no evidence of a left knee or back condition during service, and the veteran's current conditions are not related to his military service. The claims for service connection were denied.

The Board has granted service connection for bilateral ankle osteoarthritis, finding that it is proximately due to the veteran's service-connected pes planus.

The Board found that the veteran's back disorder and cervical spondylosis were not incurred in or aggravated by his military service.

The Board has remanded the veteran's claims due to conflicting medical opinions and a need for additional development of records.

The Board denied the veteran's claim for an increased rating for his degenerative disc disease of the cervical spine, finding that the evidence did not support a higher rating.