Back / lumbar spine decisions — 2008

The Board denied the veteran's claims for higher initial ratings for his thoracolumbar spine disability, finding that the evidence did not meet the criteria for a rating in excess of 30 percent prior to April 3, 2006 and 40 percent thereafter.

The veteran has service-connected disabilities rated at 50 percent combined. He does not have an employment handicap and therefore, the requirements for establishing basic entitlement to VA vocational rehabilitation benefits under Chapter 31 are not met.

The Board has restored a 40 percent evaluation for low back strain and granted the reopening of the claim for service connection for hypertension.

The Board has remanded the case for additional development, including obtaining medical records and conducting VA examinations to determine if the veteran's current lumbar spine disability, hearing loss, and tinnitus are related to his military service.

The Board has denied the veteran's claims for an increased rating for his service-connected degenerative joint disease of the lumbar spine and service connection for a bilateral hip condition. The decision also notes that the veteran is not currently diagnosed with a hip condition.

The Board has reopened the appellant's claim of service connection for a back disorder due to new and material evidence. However, it was determined that there is insufficient medical evidence linking his current back condition to his military service.

The Board denied the veteran's claim for a rating in excess of 40 percent for clinical right L4-S1 lumbar radiculopathy and degenerative joint disease, finding that the evidence did not support such an increase.

The Board denied the veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence linking his current disability to his military service.

The Board has remanded the case due to the need for a VA examination and further development of the evidence.

The VA determined that there is no evidence linking the veteran's current back disorder to his service, and thus denied his claim for service connection.

The Board has decided to remand the case for further development, including scheduling a VA examination and readjudicating the claim.

The veteran's claim for an initial rating in excess of 20 percent for his service-connected low back disorder was denied by the Board. The case is now remanded to the RO for additional examination and development.

The Board has granted service connection for the veteran's claimed conditions, including low back strain, bursitis of the left hip, right Achilles tendonitis, hemorrhoids, patellofemoral pain syndrome of the right knee, left shoulder tendonitis, and left clavicle disorder. The effective date is not specified.

The veteran's cervical strain and herniated nucleus pulposus at L5 with degenerative joint disease L5-S1 have been rated as 20 percent disabling effective March 6, 2008. The rating is for the entire disability.

The VA has determined that the veteran's low back disability does not warrant a rating higher than 20% since it does not meet the criteria for more severe manifestations of intervertebral disc syndrome (IVDS).

The Board has determined that the veteran's claimed back disorder and bilateral leg disorder were not incurred or aggravated by service, nor are they proximately due to a service-connected disability. Therefore, service connection for these conditions is denied.

The Board found no medical evidence to support a connection between the veteran's current low back disability and his service, concluding that any current condition is more likely due to his chronic overweight condition, age, and deconditioning. As such, the claim for service connection was denied.

The Board has remanded the case for further examination and opinion regarding whether the veteran's current low back disability is related to his service, specifically a slip and fall in 1953.

The Board has determined that the veteran's current cervical spine disability is related to his in-service injury, and service connection for this condition is granted.

The Board found that the veteran's current low back disorder was not caused or made worse by his military service and may not be presumed to have been incurred in service.