Back / lumbar spine decisions — 2008

The Board has remanded the veteran's claims for service connection due to incomplete records and need for further examination.

The Board denied the appellant's claims for increased ratings and service connection, finding that the evidence did not meet the criteria for higher evaluations or service connection.

The veteran's degenerative disc disease of the lumbar spine did not result in incapacitating episodes or significant functional impairment prior to August 12, 2005. Therefore, a rating in excess of 10 percent is denied.

The Board denied the veteran's claims for service connection for various conditions, including hepatitis C, a back disorder, chronic liver disease, depression, tension and anxiety, chronic headaches, and nervous system damage. The decision also addressed his claim for an initial compensable rating for bilateral hearing loss.

The Board has determined that the veteran's current low back disability is not etiologically related to his service, and thus denied his claim for service connection.

The Board has granted service connection for migraine headaches, finding that the veteran's current migraines are a continuation of her service-connected migraines. Service connection for a low back condition is denied as there is no evidence of a present disability.

The veteran's service-connected disabilities, including a service-connected knee disability and back disability, currently rated at 60% and 20%, respectively, render him unemployable. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the veteran's claims for service connection for low back disorder, right leg disorder, and left leg disorder. The Board also found that his preexisting psychiatric disorder was not aggravated by active duty.

The Board has remanded the case due to insufficient evidence regarding the pre-service and service connection of left knee and low back disorders. The veteran is requested to provide authorization for release of any outstanding private medical records, and VA outpatient records dating from 1971 through May 2004, and from November 2007 to the present should be requested and associated with the record.

The Board denied the veteran's claims of service connection for back, right leg (third degree burns), bilateral hip, and mental conditions. The Board found that there was no in-service incurrence or aggravation of these conditions, and that any current disabilities are not related to service.

The Board has denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbar spine and generalized anxiety disorder, finding that the evidence does not warrant a higher rating under the applicable VA rating criteria.

The Board has decided to remand the case for further development, including a VA examination to assess whether the veteran's current low back disorder is related to his service-connected foot disabilities or any incident during his period of active service.

The VA denied a higher initial disability rating for the veteran's degenerative disc disease, thoracolumbar spine, as his range of motion was within the criteria for a 20 percent rating.

The veteran's appeal is being remanded for further examination and evaluation to determine his employability due to service-connected disabilities, with consideration of his educational and occupational background.

The Board has remanded the veteran's claim for service connection for a back disability due to inadequate VCAA notice and consideration of new evidence submitted by his attorney.

The Board has remanded the case due to an inadequate VA examination, and the veteran's lumbar spine disorder is related to service.

The Board denied the veteran's claims of service connection for PTSD, bilateral eye strain, mercury poisoning, and a back disability. The claim for increased evaluation for neurodermatitis was not addressed as it is not related to the issues on appeal.

The veteran's appeal is being remanded for additional development due to new evidence submitted after the most recent supplemental statement of the case.

The Board found that the veteran's low back strain disability, primarily manifested by degenerative disc disease resulting in limited motion and pain, did not meet or approximate the criteria for a higher disability rating than 20 percent.