Back / lumbar spine decisions — 2008

The Board has denied all service connection claims for various psychiatric, gastrointestinal, musculoskeletal, and respiratory conditions. The veteran's service records are silent on these issues, and there is no clear and unmistakable evidence that any of the claimed conditions existed prior to service or were aggravated by service.

The Board denied the veteran's claims for ratings in excess of 20 percent for low back pain with disc herniation, L5-S1 and 40 percent for gouty arthritis.

The veteran's claim for an increased evaluation for his service-connected lumbar strain is being remanded due to the need for a new VA examination.

The Board has determined that the veteran's back condition preexisted service and was aggravated by service, thus granting service connection for a back condition.

The Board granted service connection for lumbar degenerative disc disease and hypertension, with a 10% evaluation effective July 12, 2006. The veteran's lumbar spine disability is rated under the General Rating Formula for Diseases and Injuries of the Spine due to painful motion and occasional flare-ups.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of entitlement to service connection for PTSD and a back disorder. Additional evidentiary development is required before further consideration of the underlying claims.

The Board has reopened the veteran's claim of entitlement to service connection for a low back disorder, as new and material evidence has been received. The case is now remanded for further development.

The Board found no evidence of a chronic low back disorder during service or within one year after service, and concluded that the current low back disorder is not related to military service.

The Board denied the veteran's claim for an increased rating for his service-connected low back pain syndrome, finding that it does not meet the criteria for a compensable rating.

The Board has determined that the veteran's low back disorder is manifested by lumbosacral strain with subjective complaints of pain on motion and objective evidence of slight limitation of motion. The criteria for an initial rating in excess of 10 percent have not been met.

The Board has denied the veteran's claim for service connection for a low back disorder, residual of spinal tap and scarring from spinal tap as there is no current evidence of such a condition related to his military service.

The veteran's appeal is being remanded due to the need for additional records from the Social Security Administration (SSA). The SSA has provided some documents, but further information regarding a potential reevaluation in July 2007 must be obtained.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining updated medical records, providing proper notice to the veteran regarding his service connection and increased rating claims, scheduling examinations for the right knee, low back, and left knee disabilities, and ensuring all relevant evidence is considered.

The veteran's claim for a higher rating for his low back disorder was denied as he does not have ankylosis of the thoracolumbar spine, and thus cannot receive a higher rating under the revised criteria. His claim for a compensable rating for hemorrhoids was also denied.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has determined that the veteran's chronic lumbosacral spine degenerative disc disease and degenerative arthritis are related to an inservice low back injury, granting service connection for these conditions.

The Board denied the veteran's claims for service connection for migraine headaches, a heart condition, hypertension, and a lumbar spine disorder as secondary to his service-connected PTSD. The veteran was not granted service connection for any of these conditions.

The Board denied increased evaluations for tinnitus, bilateral plantar fasciitis, mechanical low back pain as a result of disc degeneration, and bilateral hearing loss. The highest possible rating (10%) was already assigned for the veteran's tinnitus.

The Board has denied the veteran's claims for service connection for tinnitus, a lower back disability, right knee disorder, left knee disorder, and hiatal hernia. The appeals are REMANDED to the RO.

The Board has decided to remand the case for additional development, including a new spine examination and obtaining recent medical records.