Back / lumbar spine decisions — 2008

The veteran's claim for a higher evaluation for his service-connected lumbar muscle strain with history of left leg sciatica has been granted, effective August 31, 2004. The effective date for the grant of a 20 percent disability rating is June 7, 2004.

The veteran's claims for service connection are being remanded due to incomplete verification of her periods of active duty for training and inactive duty for training. Additional VA examinations will be scheduled to determine the nature, extent, and etiology of her claimed conditions.

The veteran's claim for an increased rating of his low back disability was denied. The Board found that the evidence did not support a higher rating than 20 percent.

The Board has determined that the veteran's recurrent left sciatica, diagnosed during active service, is related to his military service and grants service connection for this condition.

The veteran's claim for vocational rehabilitation training was denied as he does not have an employment handicap and his existing education and experience are sufficient to secure suitable employment.

The Board has determined that the veteran's current degenerative changes of the lumbar spine, status post laminectomy is not related to his service and therefore denied his claim for service connection.

The VA has determined that the veteran's service-connected disabilities do not render him unemployable due to their combined effect, as they allow for some form of substantially gainful employment.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for residuals of a low back injury, finding that no new and material evidence had been submitted.

The Board has granted the veteran's claim for service connection and an initial disability rating of 20% for djd of the lumbar spine, effective July 26, 2005. The earlier effective date issue is also granted.

The Board denied service connection for osteoarthritis, both knees in March 1974 and the RO continued this denial in subsequent decisions. The veteran's claim was reopened but not granted. Service connection for a back condition was also denied.

The VA determined that the veteran's service-connected low back disability does not warrant a rating in excess of 20 percent, as his forward flexion is greater than 30 degrees and he does not experience incapacitating episodes of intervertebral disc syndrome requiring bed rest prescribed by a physician.

The Board found that the veteran's current knee, back, and foot disabilities were not incurred in or aggravated by service. The evidence did not establish a nexus between these conditions and his active duty.

The Board has determined that the veteran's right knee and low back disabilities are related to his service-connected left patellar dislocation, granting service connection for these conditions.

The Board has remanded the case due to incomplete service medical records and a need for further examination to determine the etiology of the veteran's current low back disability.

The Board denied an increased rating for the veteran's lumbosacral strain with sciatica and degenerative disc disease, currently rated at 40 percent.

The Board denied service connection for a back disorder and an increased rating for a chin scar in December 1971. The decision was based on the presumption of soundness, as no pre-existing conditions were shown to have been aggravated by service.,The veteran argues that his back disorder existed prior to service and should not be considered incurred during service.

The Board found that the veteran's TMJ syndrome is not service-connected, as there is no evidence linking it to his active duty service.

The Board denied service connection for the veteran's psychiatric disorder, lumbar spine disability, and right shoulder disability. The Board found that these conditions were not incurred or aggravated by military service.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for his lumbar spine disability, finding no current diagnosis of PTSD and noting that the evidence did not meet the criteria for a higher rating under either the former or current versions of the rating schedule. The earlier effective date issue was also addressed in the REMAND portion.

The Board denied the veteran's claims for initial compensable and increased evaluations for lumbar strain, finding that the evidence did not support a higher rating during any period of time.