Back / lumbar spine decisions — 2008

The Board has granted service connection for the veteran's low back disorder and bladder dysfunction, finding that these conditions are at least as likely as not incurred in or aggravated by his military service.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for memory loss, ear disorder, and back disorder. The veteran's current conditions are related to his TMJ disease with degenerative joint disease.

The veteran's claim for service connection for a low back disability is being remanded due to the failure of the RO to properly develop the case, including obtaining relevant private medical records and conducting an addendum VA examination.

The veteran's service-connected iliolumbar ligament strain with thoracolumbar subluxation was not found to warrant a rating in excess of 10 percent prior to March 22, 2007 and as of that date did not meet the criteria for a higher than 20 percent rating.

The veteran's low back disability warrants a 20 percent rating, and separate ratings of 10 percent for neurological impairment in the right lower extremity and left lower extremity. The service connection claims for peripheral neuropathy and erectile dysfunction are granted based on new evidence.

The veteran's thoracic and lumbar musculotendinous strain was granted a 10 percent evaluation from April 4, 2003 to December 4, 2007.,From December 5, 2007 onwards, the veteran received a 10 percent evaluation for his thoracic and lumbar musculotendinous strain.

The Board has remanded the case for additional development, including obtaining records from the Army Reserves and scheduling a VA examination to determine if the veteran's current left shoulder and back disabilities are related to his service.

The Board has determined that a remand is necessary to provide the veteran with an appropriate VA examination and to consider the effects of her altered gait on her current bilateral hip and back disorders.

The Board found that the reduction in rating from 40 percent to 10 percent for recurrent lumbosacral strain was proper and denied entitlement to an increased evaluation.

The Board has ordered a new VA examination to assess the current severity of the veteran's service-connected lumbosacral spine injury, and instructed the RO to obtain any additional evidence from the veteran. The case is remanded for further development.

The Board denied the veteran's claims for service connection for sinusitis, low back disability, and pes planus due to lack of evidence linking these conditions to his active duty service.

The veteran's lumbar spine disability is manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or more. It has not been productive of six weeks of incapacitating episodes within the past 12 months, and ankylosis and neurological manifestations including radiculopathy associated with the service-connected low back disability have not been shown. Therefore, he is not entitled to a higher rating than 40 percent.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims, including obtaining updated medical records and scheduling examinations for his service-connected conditions.

The veteran's claims for service connection are being remanded due to the need for additional evidence and procedural development.

The Board has remanded the veteran's claims due to insufficient medical evidence and inextricably intertwined TDIU claim.

The Board has determined that the veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine is etiologically related to active duty service, granting his claim for service connection.

The VA denied the veteran's claims for higher evaluations for his back disability, finding that the evidence did not support ratings in excess of 20 percent prior to January 24, 2007 and 40 percent beginning January 24, 2007.

The VA determined that the veteran's lower lumbar strain with degenerative disc disease and disc protrusions does not warrant a higher rating as his disability currently manifests as forward flexion of the thoracolumbar spine at 45 degrees, without evidence of unfavorable ankylosis.

The Board has denied the veteran's claims for service connection for residuals of a low back injury, bilateral hearing loss, and tinnitus. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that the veteran's neck and back disorders were not incurred or aggravated by service, as there is no medical evidence linking these conditions to his military service.