Back / lumbar spine decisions — 2008

The Board has determined that the veteran's intervertebral disc space narrowing of L4-L5 lumbar spine is not related to service, and thus denied his claim for service connection. The left foot contusion issue remains pending.

The Board denied the veteran's claims of service connection for an acquired psychiatric disorder, a bilateral knee disorder, and a low back disorder. The claim for migraine headaches was not addressed in this decision.

The veteran's back disability was not caused by VA carelessness, negligence, or similar fault. The fall occurred during a routine medical treatment at a VA facility and did not result in any new chronic disability.

The Board has determined that the veteran's low back disability warrants an extra-schedular rating of 50 percent throughout the period of this claim.

The Board found that the veteran does not have a low back disability and denied his claim for an initial compensable evaluation for bilateral hearing loss. The veteran's hearing loss has been rated as noncompensably disabling (zero percent) since March 7, 2002.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of the veteran's lumbosacral strain and right knee conditions. The veteran is also entitled to an increased rating for his disabilities.

The VA has granted service connection for spondylosis of the lumbar spine and assigned a non-compensable evaluation, effective from August 1, 2003. The veteran's current condition does not warrant an increased rating.

The Board has determined that the veteran's low back pain with herniated disc and carpal tunnel syndrome were not incurred or aggravated by active military service, nor may they be presumed to have been so incurred.

The Board has remanded the case for further development, including confirming the veteran's period of active service and obtaining any available records from a chiropractor. The veteran should be examined to determine if his current disabilities are related to service.

The Board has determined that the veteran does not have a current diagnosis of bilateral pes planus, bilateral ankle condition, or chronic low back strain that is related to service. The claims are therefore denied.

The Board denied the veteran's claims for increased ratings for plantar fasciitis of his feet and service connection for lumbosacral strain with degenerative disc disease. The decision is pending further development.

The Board found that the veteran's left shoulder and lumbar spine disabilities do not warrant an evaluation in excess of 20 percent, as there is no evidence of limitation of motion to 25 degrees from the side or intermediate ankylosis. The compensable evaluation for traumatic arthritis of the right fifth finger was also denied.

The Board has remanded the case for further development, including obtaining medical records and providing an examination to determine if the veteran's current low back conditions are related to his active duty service.

The Board has remanded the case due to new evidence submitted by the appellant and additional notice is required. The claim for service connection for low back disability will be reconsidered.

The Board has determined that the evidence does not support a finding of service connection for a low back disorder, and thus the claim is denied.

The Board has determined that the veteran's current lumbosacral strain is not related to his active service and denied his claim for service connection.

The Board has denied the veteran's claims of service connection for back and right knee disorders due to lack of new and material evidence.

The veteran's claim for an increased rating for lumbosacral strain with disc disease is being remanded due to the failure to appear for a scheduled VA examination and the need to provide corrective notice in accordance with Vazquez-Flores.

The Board found that the veteran's low back disability did not meet or approximate the criteria for a higher rating, and thus denied his claim for an increased rating.

The Board has granted service connection for a chronic low back disorder and denied service connection for a right hip scar.