Back / lumbar spine decisions — 2008

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a low back disorder. The case is remanded for further development, including an examination by VA to determine if the current low back disability is related to service.

The Board found that the veteran's low back disability was not incurred in or aggravated by service, and it could not be presumed to have been incurred within one year of separation from active duty. The Board also determined that the current low back disability is not caused or aggravated by his service-connected right knee disorder.

The Board found that the veteran does not have a back disability at present related to service and denied his claim for service connection.

The Board has reopened the claim for service connection for an acquired psychiatric disorder other than PTSD and granted a 60 percent rating effective July 26, 2000. The increased rating for DDD with low back pain and radiculopathy remains at 40 percent.

The Board has reopened the claim of service connection for a low back disability and granted service connection. The claims for COPD, dental disability, headaches, sinusitis, and rhinitis were denied.

The veteran's low back disability was rated at 10 percent prior to November 1, 2006 and increased to 20 percent since then. Additionally, the veteran is entitled to an additional 10 percent rating for his neurological impairment.

The Board has remanded the case for additional development due to incomplete records and other procedural issues.

The veteran's claim for a higher rating for her low back disability has been denied as the evidence does not show that she meets the criteria for an evaluation in excess of 20 percent.

The Board found that the veteran does not have a current disability manifested by herniated nucleus pulposus and degenerative disc disease of the lumbar and cervical spine due to or aggravated by military service, nor may service connection for a chronic disorder be presumed.

The Board denied the veteran's claims for service connection for a right shoulder disorder, low back pain, and kidney disorder. The claim for bilateral hearing loss was not reopened due to lack of new and material evidence. Service connection for hypertension and diabetes mellitus were also denied.

The veteran's left knee is rated at 30 percent, and her degenerative disc disease at L3-L4 and S1 is rated as noncompensable. The evaluations for pes planus of the right foot and left foot are also noncompensable.

The Board has determined that the submitted evidence is not new and material for any of the service connection claims, thus denying their reopening.

The veteran is seeking an increased evaluation for his service-connected lumbar osteophytosis with bulging discs. The RO has been instructed to obtain VA medical records from the Nashville VAMC and schedule a VA examination to assess the current severity of the disability.

The veteran's claim for a higher initial evaluation for his service-connected degenerative arthritis of the lumbar spine with bulging disc at L4-5 and scoliosis is being remanded due to inadequate notice, need for additional VA examination, and potential need for additional treatment records.

The veteran's appeal is being remanded for additional examination and development of his claims, including a new VA orthopedic examination to assess the severity of his shoulder disability and whether it causes or aggravates his back disorder.

The veteran's appeal is being remanded for additional development, including a neurological examination to assess the extent of his service-connected lumbar spine disability and associated neuropathy.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examination records and proper notice under Dingess v. Nicholson.

The Board has determined that the veteran's current bilateral knee and low back disabilities are related to his active military service as a paratrooper, and thus grants the claims for service connection.

The Board has granted a disability evaluation of 40 percent for the veteran's service-connected chronic low back strain, which is currently manifested by no more than forward flexion of the thoracolumbar spine to 30 degrees.

The Board has denied the veteran's claim for service connection for degenerative disc disease (DDD) of the cervical spine, finding no evidence of a nexus between his current DDD and his military service.