Back / lumbar spine decisions — 2008

The Board has determined that there is no evidence of a current back or neck disorder, and the veteran's lay statements do not constitute competent medical evidence. Therefore, service connection for these conditions cannot be granted.

The Board found that the veteran's thoracolumbar spine disability was not caused or aggravated by his service-connected bilateral flat feet. The criteria for a rating in excess of 30 percent for bilateral flat feet have not been met.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board denied the veteran's claims for service connection for a psychiatric disorder and residuals of a chronic lumbar strain, as well as his claim for an increased rating for coccygodynia. The case is being remanded to obtain additional evidence and provide further development.

The Board has granted a 40 percent rating for the veteran's chronic low back strain since February 20, 2007. The other issues were not addressed as they are not part of this decision.

The veteran's mechanical low back pain warrants a 40 percent rating, effective November 3, 2007.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination.

The Board has remanded the veteran's claims for service connection due to a need for another hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Board has granted a 20 percent rating for the veteran's service-connected lumbar scoliosis, finding that it approximates the criteria for such a rating under the general rating formula.

The Board found that the veteran's service-connected low back disability is not exceptional or unusual, and thus does not meet the criteria for an extraschedular rating.

The Board has denied the veteran's claims of service connection for left knee disability, bilateral hip disability, low back disability, right ankle disability, and headaches, all to include as secondary to a right knee injury.

The Board has granted an initial evaluation of 40 percent for the service-connected lumbar spine disability, effective from September 26, 2003.

The Board denied service connection for weakness of the legs, low back disability, and cold injury to the hands and feet as these conditions are not related to service or a service-connected condition.

The veteran's duodenal ulcer, confirmed by x-ray examination, first manifested in service and is presumed to have been incurred during active military service within the first year following active service. Service connection for this condition is granted.

The veteran's claims for an initial compensable evaluation for residuals of boxer's fracture, right (dominant) fifth (little finger), service connection for lumbosacral spine disc disease L3 to S1, and service connection for status post left partial medical meniscectomy were denied. The Board found that the evidence did not support a grant of any of these claims.

The Board found that the veteran's low back disorder and bilateral hearing loss were not related to service, leading to a denial of both claims. The initial compensable evaluation for bilateral hearing loss was also denied.

The Board found no evidence of current lumbar or cervical spine disorders that were incurred in service. The veteran's complaints are attributed to weightlifting and automobile accidents, but not to his military service.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional medical examination and consideration of his claims.

The veteran's appeals for increased ratings for diabetes mellitus type II with erectile dysfunction and lumbosacral strain with spina bifida were denied. The case is remanded for further development.

The Board has remanded the case due to a need for additional development, including obtaining social security disability records.