Back / lumbar spine decisions — 2008

The Board has determined that the veteran's low back disability is related to his military service and grants the claim for service connection.

The Board has remanded the case due to insufficient development of evidence regarding the relationship between the veteran's current low back disorder and his in-service injury. The claim will be reconsidered after obtaining a medical opinion.

The VA denied an increased evaluation for the veteran's degenerative disc disease with low back pain, as well as his right and left lower extremity radiculopathy. The disability was rated at 40 percent based on limitation of motion.

The Board has determined that the veteran's claimed disabilities are not related to his military service and have denied each of his claims for service connection.

The veteran's appeal is being remanded for further development of his claims, including obtaining medical records and arranging for examinations to determine the nature and etiology of his disabilities.

The veteran's claims for increased ratings on multiple service-connected disabilities are being remanded due to inadequate VCAA notice.

The Board has determined that the veteran's claimed back, bilateral knee, bilateral hip, and bilateral foot and ankle disorders are not service-connected as they do not have a direct link to his military service or any presumptive conditions.

The Board has remanded the case for additional development due to the need to verify service in Vietnam and obtain a VA examination.

The Board has determined that the veteran does not have a current disability of multi-level spondylosis with severe central stenosis, L3-4, L4-5, status post-decompressive lumbar laminectomy that is related to his military service.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and addressing the service connection claim.

The veteran's claim for increased ratings for his service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbar spine was denied. The RO found that there is no evidence of complaints or treatment for a low back disorder prior to November 1, 2005, and did not meet criteria for higher ratings from November 1, 2005, to December 20, 2006, nor since then.

The veteran's service-connected low back disability was manifested by combined range of motion findings of the thoracolumbar spine of 224 degrees with no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. The criteria for an initial rating in excess of 10 percent have not been met.

The veteran's claims for PTSD and a higher rating for his low back disorder are being remanded to allow for additional development, including obtaining VA outpatient records, verifying stressors, scheduling the veteran for a VA psychiatric examination, and scheduling him for a VA examination of his low back disorder.

The veteran is granted special monthly compensation by reason of regular aid and attendance due to service-connected disabilities.

The VA determined that the veteran's degenerative disc disease of the thoracolumbar spine warranted a 20 percent disability rating, which is the maximum assigned under the applicable diagnostic code.

The Board denied the veteran's claims for service connection for a lumbar spine disability, left shoulder disability, and acquired psychiatric disorder (PTSD). The veteran did not have current evidence to support his claims.

The Board denied the veteran's claims for service connection for a back disability and asthma, finding that there was no evidence to support these claims. The Board concluded that the veteran did not have a current disability related to his in-service service or exposure, and that any symptoms he experienced were more likely due to post-service factors.

The Board has determined that the veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss and hiatal hernia, as well as service connection for depression. The claim to reopen a claim of service connection for lumbar disc disease/arthritis was also denied.

The Board denied service connection for a low back condition and a psychiatric disorder, finding no evidence of in-service injury or disease that led to the current conditions.