Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded to obtain medical records and provide Dingess/Hartman notice. The claims for service connection are pending.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board denied service connection for pes planus, low back and bilateral hip disorders, and headaches. The claims were not reopened as new and material evidence was not received.

The Board has determined that the veteran's left ankle, low back, and bilateral hip disabilities are not proximately due to or the result of his service-connected right knee disability.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the veteran's claims for service connection for monocular astigmatism of the right eye and an increased rating for low back strain with degenerative disc disease, finding that his conditions were not incurred or aggravated by military service.

The veteran's service-connected residuals of a lumbar fusion include chronic low back pain without radiation into the lower extremities, no more than mild limitation of motion, no incapacitating episodes, and no neurological or sensory impairment. The criteria for an initial rating in excess of 10 percent have not been met.

The veteran's claim for an increased evaluation for his lumbar spine disability was denied. The RO assigned a 10 percent evaluation initially and later increased it to 20 percent effective February 11, 2006.

The Board has determined that the veteran's lumbosacral strain warrants a 20 percent disability rating prior to March 29, 2007 and an initial staged disability rating of 20 percent from March 29, 2007.

The veteran seeks an increased rating for his service-connected low back disability, which the Board has remanded to determine if an extraschedular rating is warranted.

The Board grants reopening of the claim for service connection for migraine headaches and remands the reopened claim for additional development.

The Board has determined that the veteran's current back disorder is not related to his military service and denied his claim for service connection.

The Board found that the veteran's current acquired low back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran's current back disorder is causally related to his military service, and thus grants service connection for a back disorder.

The Board has determined that additional development is necessary before a decision can be made on the veteran's claims for increased ratings and service connection.

The Board found no evidence of a lumbar spine disability during service and concluded that the veteran's current condition is not related to his military service.

The Board denied the veteran's claims for earlier effective dates for service connection of his hip and knee disabilities, finding that the earliest date was July 10, 2003.

The Board is remanding the case to allow for VCAA notice and readjudication of the claim to reopen for a back disorder.

The RO granted a 60 percent evaluation for the service-connected low back injury with degenerative joint disease effective September 4, 2000 and awarded TDIU effective that date.

The case is being remanded for additional development, including obtaining medical records and making a formal finding regarding the effect of the other than honorable discharge on the veteran's claims. A VA examination will also be scheduled to determine the current nature and likely etiology of the claimed back disability.