Back / lumbar spine decisions — 2008

The Board found that the veteran's low back disability, characterized by chronic pain and limitation of motion without neurological impairment, does not warrant a rating in excess of 40 percent.

The veteran's claims for service connection for a bilateral hip disorder and low back disorder were denied, while his PTSD claim was partially granted. The denial of the bilateral hip disorder claim is based on lack of current diagnosis. The denial of the low back disorder claim is final due to lack of new and material evidence since the November 1998 decision.

The Board has granted a 20 percent evaluation for the service-connected lumbar spine disability, effective from February 24, 2003 to November 23, 2005. The veteran's condition is characterized by pain on motion and findings that more closely reflect a moderate limitation of motion but not severe enough to result in abnormal gait or spinal contour.

The Board has granted service connection for headaches, lumbosacral spine degenerative arthritis with degenerative disc disease at L5-S1, and denied service connection for bilateral hearing loss. The veteran's headaches are found to have had its onset during active service.

The Board denied the veteran's claim for service connection for low back and hip pain secondary to his service-connected left foot disability, finding no diagnosed condition related to either.

The Board finds that the veteran's claim for an earlier effective date for TDIU benefits cannot be granted as his informal claim was considered abandoned due to failure to provide requested evidence within one year of request. The benefit-of-the-doubt rule is not applicable.

The Board denied the veteran's claim for service connection for degenerative disc disease of the cervical spine with right upper extremity radicular symptoms, finding that it was not incurred in or aggravated by his military service and could not be linked to his service-connected low back disability.

The Board found that the veteran's degenerative disc disease of the lumbar spine did not meet the criteria for a disability rating in excess of 20 percent, as it did not result in limitation of flexion to 30 degrees or less, favorable ankylosis, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks within a 12-month period.

The veteran's claims for left shoulder and low back disabilities were denied. The claim for increased rating of residual excision, head of left radius was granted with a disability evaluation of 40%. The claim for PTSD was not granted. The right knee disability claim was also denied.

The veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the RO. The issues are whether he should receive a higher rating for his lumbosacral strain and if he can get service connection for his bilateral leg spasms as secondary to his lumbosacral strain.

The Board granted service connection for the veteran's low back injury and assigned an initial 20 percent disability rating, effective from May 14, 2007. The criteria for a higher rating were not met during this period.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination to determine if the veteran's current back disorder is related to his service.

The Board has remanded the case due to insufficient evidence regarding the veteran's claims for service connection for bilateral hearing loss and a low back disability. The case will be returned to the RO for further action.

The Board found no evidence of a lumbar spine disability during service or for many years thereafter, and denied the veteran's claim for service connection. The VA examination reports showed that the scars on his left hand were painful but did not cause limitation of motion.

The Board found that the veteran's low back disorder is not related to his service or a service-connected right ankle disorder, but granted an initial disability rating of 10 percent for the condition due to aggravation by his service-connected right ankle disorder.

The Board denied the veteran's claims for service connection for a right wrist disability and low back disability, as well as his claim to reopen a claim for service connection for a left ankle disability. The evidence submitted since the July 1971 decision did not raise a reasonable possibility of substantiating these claims.

The Board has granted service connection for chronic lumbar sprain with degenerative disc disease at L5-S1, finding that the veteran's current condition is related to his military service.

The Board has determined that the appellant's lumbar strain is attributable to service and grants service connection for this condition.

The Board has remanded the case for further development and consideration of new evidence.

The Board finds that there is competent medical evidence demonstrating a low back disorder attributable to service, and thus grants the veteran's claim for service connection.