Back / lumbar spine decisions — 2008

The veteran's claims for earlier effective dates and increased ratings were remanded to the RO for further development.

The Board remands the claim for further development, including consideration of additional medical evidence and a supplemental VA opinion.

The Board denied the veteran's claims for service connection for a bilateral knee disability and back disability, as there was no evidence to support a finding that these conditions were related to his military service.

The Board denied service connection for cervical spine, lumbar spine, and left shoulder disabilities as there was no evidence of a current disability or that the claimed conditions were related to service.

The Board denied the veteran's claims for increased ratings for his lumbar scoliosis with degenerative changes and cervical spine degenerative changes, as the evidence did not show severe intervertebral disc syndrome or ankylosis.

The veteran's cervical and lumbar strains did not meet the criteria for a compensable evaluation during the relevant periods.

The veteran's service-connected disabilities, while severe, do not render him unemployable.

The veteran's lumbosacral strain is manifested by chronic back pain with moderate limitation of motion, and a rating in excess of 40 percent was not warranted.

The Board denied service connection for hypertension, renal disability, cardiac disability, and low back disability as they were not incurred in or aggravated by the veteran's active service and are unrelated to any incident therein.

The Board remands the case to request additional evidence regarding the veteran's in-service hospitalization and injuries, as well as to schedule a VA examination if such evidence is obtained.

The veteran's service-connected chronic low back pain is not shown to be more severe than currently rated at 10 percent, as the evidence does not support a higher rating based on range of motion or other factors.

The veteran's claims for higher initial ratings for various disabilities were denied, as the evidence did not support ratings in excess of those currently assigned.

The veteran's initial rating for bilateral spondylosis, L-5, with spondylolisthesis was reduced from 20 percent to 19 percent, and an increased rating for left radiculopathy due to low back disability was not granted.

The veteran's service-connected disabilities do not render him so helpless as to require regular aid and attendance or make him permanently housebound.

The veteran's claim for an earlier effective date for the 20 percent evaluation of degenerative disc disease was denied as no factually ascertainable increase in disability occurred within one year prior to his August 2004 claim.

The appeal was remanded to provide the veteran with proper VCAA notice regarding the basis of the prior denial.

The Board found that the car accident resulting in the veteran's facial injury, cranial injury, loss of the right eye and thoracolumbar strain did not occur during active duty, active duty for training or inactive duty training.

The veteran's claim for an annual clothing allowance was denied because his service-connected disabilities do not meet the criteria for such an allowance.

The veteran's service-connected degenerative joint disease of the lumbar spine does not warrant an initial rating in excess of 20 percent, and his service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board remands the case to obtain additional evidence, including hospitalization records and private treatment records.