Back / lumbar spine decisions — 2008

The Board has ordered a remand for additional development, including obtaining service medical records and private medical records. The veteran's current back condition is being evaluated to determine if it is related to his military service.

The Board has granted increased ratings of 20 percent for the veteran's service-connected low back disability and peripheral neuropathy of both lower extremities, effective from June 22, 2006.

The veteran's cervical spine disability has been rated at 20 percent since the grant of service connection. The current rating is not sufficient to reflect his condition, which includes severe intervertebral disc syndrome with radiculopathy and muscle atrophy.

The veteran's claim for an increased evaluation of his service-connected lumbosacral disc disease with osteoarthritis and left leg pain is being remanded due to the need for proper notice under Vazquez-Flores v. Peake, No. 05-0355 (U.S. Vet. App. January 30, 2008), and a VA examination.

The Board found that the veteran's back disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has denied the veteran's claims for service connection for PTSD, right and left knee conditions, headaches, chest pain, low back pain, dysthymia, and hearing loss as new and material evidence was not submitted to reopen these claims.

The veteran's degenerative disease of the lumbar spine was evaluated at a 10 percent rating from June 9, 2003, through August 31, 2005. From September 1, 2005, his condition warranted no increase in evaluation.

The Board has remanded the case for further development, including verification of service dates and a VA examination to determine the degree of impairment due to the right knee disability. The appellant is also seeking service connection for left knee and spine disorders.

The veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected chronic lumbar strain.

The Board has determined that the veteran's hypertension and low back condition are not service-connected as there is no evidence of a current disability, in-service incurrence or continuity of symptomatology.

The veteran's appeal is being remanded for additional development, including a VA examination and issuance of a Statement of the Case regarding service connection for a kidney disorder.

The Board denied service connection for otitis media of the right ear and mechanical low back pain, finding no competent medical evidence linking these conditions to active service.

The veteran withdrew his appeal on all issues except the one related to service connection for heart disease and hypertension. The Board dismissed the appeal due to the withdrawal.

The veteran's lumbar spine disability is rated at 10 percent, and his left and right lower extremity neuropathy are each rated at 10 percent. The initial ratings for these conditions have been granted.

The Board denied the veteran's claims for service connection for a neuropsychiatric disorder, back disorder, and neck disorder. The evidence submitted since the April 1996 rating decision was found to be cumulative and did not raise a reasonable possibility of substantiating any claim.

The Board has determined that the veteran does not have a hernia or lower back disorder that is related to his military service and thus denied both claims.

The veteran's appeal has been dismissed due to his death. The claims for service connection and a permanent and total disability rating have no jurisdiction as the appellant is deceased.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and Social Security Administration (SSA) records. The veteran is also to be provided VCAA notice regarding increased ratings and TDIU.

The VA surgery on July 22, 2005 did not result in an additional disability to the veteran that was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected mild degenerative disc disease L2-L3 and spondylosis of upper lumbar and lower thoracic spine, finding that the evidence did not support a higher rating based on his symptoms.