Back / lumbar spine decisions — 2008

The Board granted a 20 percent evaluation for the veteran's lumbar disc excision and fusion syndrome with chronic muscular strain, but denied a separate rating for residual scarring from back surgery.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations. The veteran's claims of service connection for a back disability, varicose veins of the right leg, and pharyngitis are pending.

The veteran's disabilities, including his service-connected lumbar and cervical spine conditions and non-service-connected left hand injury with amputation, do not preclude him from engaging in substantially gainful employment.

The Board found that the veteran's dorsal and lumbar back problems were incurred in service, supported by VA medical opinions. The hearing loss was not attributable to his exposure to loud noise during active military service.

The Board found no evidence of a lumbar spine disorder during service or within one year after service, and the competent medical evidence against a link between the veteran's current lumbar spine disorders and his military service outweighs any supporting evidence. Therefore, the claim for service connection was denied.

The veteran's low back disability was not shown to meet the criteria for a rating in excess of 10 percent prior to October 5, 2007. From October 5, 2007, it was not shown to meet the criteria for a rating in excess of 20 percent.

The Board has determined that there is no evidence of a low back or left knee disability during service, and the competent medical opinion does not support a connection between current disabilities and service. Therefore, service connection for these conditions cannot be granted.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a back disorder and a right hip disorder. The appeals are granted.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by active service.

The Board has determined that the veteran's lumbar spine disability does not meet the criteria for a higher evaluation than 60 percent under any version of the rating criteria. The evidence does not support an increase in his disability rating, and he is therefore denied a higher evaluation.

The Board has granted the reopening of the claim for service connection for a lumbar spine condition and found new and material evidence to support this claim. The other issues on appeal remain pending.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the veteran's current disabilities and whether they are related to service.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for postoperative residuals of skin cancer, myocardial infarction, status post removal of a Warthin tumor (thyroid glandular problems), PTSD, major depressive disorder, DJD of the lumbar spine, left shoulder disorder, right shoulder disorder, hypertension, bilateral knee disorder, and arthritis. The claims are therefore denied.

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

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for degenerative disc disease of the lumbar spine. The issue is now on remand for further development.

The veteran is seeking service connection for a low back disorder, but the case has been remanded due to incomplete records and need for further examination.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Board has remanded the case for additional development due to insufficient examination report and failure to consider lay evidence.

The veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational experience.