Back / lumbar spine decisions — 2008

The Board denied the veteran's claims to reopen service connection for lumbosacral strain and defective vision due to macular degeneration, as new and material evidence was not presented.

The Board must remand the case for further development and consideration due to missing service medical records.

The appeal is being remanded for further development and consideration, including the issuance of VCAA notice and a VA examination.

The Board denied the veteran's claims for service connection for fibromyalgia, a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease (DDD), and entitlement to a total rating for compensation purposes based on individual unemployability.

The Board denied service connection for cervical spine, lumbar spine, and knee disabilities as they were not incurred in or aggravated during the veteran's service.

The case is remanded for further development and readjudication of the veteran's claims.

The Board denied service connection for a back disability and loss of teeth due to trauma, finding no evidence linking these conditions to the veteran's period of active service.

The Board denied service connection for a back disorder and headaches as there was no evidence of chronic residuals at the time of separation, symptoms were not reported until over four decades following separation from service, and there was no competent medical opinion linking the current conditions to active service.

The veteran's low back disability was rated at 10 percent from September 1968 to January 1981 and June 1981 to December 1985, but a 40 percent rating was granted for the period from January 30, 1981, to June 8, 1981.

The Board remands the claims for further development.

The Board denied service connection for neuropathy, a bilateral knee disorder and a low back disability as the conditions were not related to the veteran's active service.

The Board granted service connection for residuals of a low back injury, finding it at least as likely as not that the veteran's current low back disability is due to in-service trauma. The remaining issues are remanded for further development.

The Board remands the claims for further development and adjudication.

The evidence does not support a finding that the veteran's low back disorder either had its onset in service or preexisted service and was permanently worsened therein, or that DDD of the lumbar spine manifested to 10 percent within one year after separation from service.

The Board denied the veteran's claims for service connection for residuals of a left knee injury, right foot/right ankle injury, lumbar spine disorder, and cervical spine disorder as there was no evidence of current disabilities associated with his active military duty.

The July 1962 rating decision that denied service connection for a low back disability was not clearly and unmistakably erroneous.

The appeal is remanded to the RO for additional development and readjudication of the veteran's claims.

The Board denied service connection for a right elbow disability, bilateral hearing loss, and a bilateral ankle disability. The claims of entitlement to service connection for left knee and back disabilities were reopened based on new and material evidence, but the veteran was not granted service connection for these conditions. The veteran's initial rating for chondromalacia, right knee, remained at 10 percent.

The Board granted a 30% rating for chronic sinusitis, effective January 1, 2004. The lumbar strain was not found to warrant an increased rating.

The veteran's cervical spine disability has been primarily manifested by pain on use; 10 degrees flexion; no evidence of unfavorable ankylosis of the entire cervical spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months and no neurological abnormalities.