Back / lumbar spine decisions — 2008

The veteran's claims for service connection for residuals of fractured tibia and fibula, and low back syndrome were reopened and granted. The claim for a right leg condition was remanded.

The Board denied a rating in excess of 50 percent for PTSD and granted an increased evaluation to 40 percent (and no higher) for low back strain, but found that the veteran was not unemployable as a result of his service-connected disabilities.

The veteran's claim for an earlier effective date and a higher rating for his lumbar spine disability was denied as there is no legal basis to establish an earlier date or a higher rating based on the evidence provided.

The appeal is remanded to the RO for additional development, including obtaining SSA records and possibly scheduling a VA examination.

The veteran's claims for service connection for left knee, low back, and right hip disabilities were reopened based on new and material evidence. However, the Board found that these conditions were not incurred or aggravated in military service and are not secondary to a service-connected disability.

The Board denied service connection for hypertension, deep venous insufficiency, liver disorder, and back disorder as they were not related to the veteran's service or a service-connected disability. The initial ratings for peripheral neuropathy of both legs were also denied.

The claim for service connection for a back disability was reopened as new and material evidence was submitted, but the claims for service connection for left leg, bilateral ankle, and bilateral foot disabilities were remanded. The claim for service connection for a psychiatric disability, to include PTSD, was denied.

The Board remands the claims for further development and adjudication.

The Board denied the veteran's claims for service connection and reopening of his claims for compensation under 38 U.S.C. § 1151 for lumbar and cervical spine disorders, as well as a claim for service connection for psychiatric disability.

The veteran's lumbosacral strain and post-operative residuals of a lumbar fusion for spondylosis and spondylolisthesis were denied an increased rating, and the veteran was also denied a total disability rating based on individual unemployability due to service-connected disability.

The veteran's degenerative joint/disc disease of the lumbar spine was not found to warrant a rating in excess of 10 percent prior to September 30, 2005, or for a rating in excess of 40 percent thereafter.

The Board denied service connection for a low back disability and a left shoulder disability as they were not attributable to the veteran's active service.

The veteran's claims for service connection for arthritis of the lumbar spine, right ankle disorder, and right shoulder disorder were remanded to obtain a VA examination with medical nexus opinions.

The Board finds that the evidence shows that the veteran's degenerative disc disease is related to his service-connected low back disability.

The veteran's claims for service connection for a neck disorder, dizziness, hearing loss, back disorder, and bilateral hand disorder were denied as there was no evidence of chronic disability.

The case is remanded to the RO for referral of the veteran's claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.

The veteran's claims file was misplaced and needs to be rebuilt, including a comprehensive search for missing records.

The Board denied the veteran's claims for increased ratings for lumbar strain, left knee injury with patellofemoral syndrome, and left knee instability.

The veteran's back disability, to include back sprain and degenerative disc/joint disease was not related to his service.

The veteran's lower back condition was not related to active service.