Back / lumbar spine decisions — 2008

The Board has granted service connection for tinnitus, finding it at least as likely as not related to noise exposure in service. Service connection was denied for the low back condition due to lack of a link between current symptoms and active duty.

The Board has reopened the claim of service connection for a low back disorder and granted it. The veteran's current diagnosis of degenerative disc disease is found to be related to his in-service muscle strain, meeting the criteria for direct service connection.

The Board has determined that additional development is necessary to properly assess the veteran's low back disability, including obtaining medical records and conducting VA examinations. The claim will be returned for further review.

The Board has determined that the veteran's lumbar spine disability and hypertension are both service-connected, with reasonable doubt resolved in favor of the veteran.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO via videoconference. The case will be returned to the Board after this is done.

The Board has remanded the case for additional development, including obtaining reserve duty medical records and scheduling a VA examination to determine if current back or bilateral knee disorders are related to service. The veteran's claims for increased rating of right ear hearing loss and service connection for back disorder and bilateral knee disorder will be reconsidered based on the new evidence.

The Board has determined that additional medical records are needed and that VA examinations should be conducted to determine the etiology of the veteran's claimed disabilities. The case is therefore being remanded for these actions.

The VA determined that the veteran's cervical spine degenerative disc disease with bulging discs and sprain does not warrant a higher initial evaluation than the current 10 percent rating.

The Board of Veterans' Appeals found that the veteran does not have a low back condition related to his military service or his service-connected bilateral ankle disability.

The veteran's low back disorder and PTSD were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The veteran's scars of the right shoulder and neck, as well as his nonspecific dermatitis of both lower extremities, do not meet the criteria for a compensable rating.

The veteran's appeal is being remanded for additional development, including providing the relevant rating criteria and affording him a VA examination to assess his service-connected degenerative disc disease of the lumbar spine and right sciatica.

The veteran's low back disorder is being remanded for further evaluation due to his contention that the April 2007 VA examination did not adequately portray his functional limitations.

The Board denied service connection for left knee and low back conditions in December 2005. The veteran has submitted new evidence, but it is not considered material to the claims as it does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the veteran's claims for increased ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a higher rating prior to August 22, 2007 and from August 22, 2007.

The Board has determined that the veteran's current right knee and low back disorders did not have their inception during service or are otherwise related to service. As a result, the claims for service connection for these conditions are denied.

The VA granted service connection for chronic recurrent low back pain and assigned a 20 percent rating, effective December 10, 1997.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, which is the maximum available under current VA rating criteria.

The Board has determined that the veteran's claimed disabilities, including right leg disability, residuals of a right Achilles tendon injury, right shoulder disability, and back disability, were not incurred in or aggravated by his military service. The evidence does not support a finding that these conditions are related to his active duty.

The Board found that the veteran's lumbar spine disability, manifested by limited and painful spine motion with right radiculopathy, does not warrant a higher than 40 percent evaluation.

The Board denied an increased evaluation for service-connected lumbosacral strain, finding that the medical evidence did not show unfavorable ankylosis of the entire spine. The current rating of 50% is appropriate based on limitation of motion.