Back / lumbar spine decisions — 2008

The Board has remanded the case due to insufficient notice and incomplete VA treatment records. The veteran's claim for service connection for a back disorder is being reopened, but further development of his medical history is required.

The Board denied the veteran's claim for an earlier effective date of July 12, 2004 for a 60 percent disability rating for low back disability.

The veteran's appeal is being remanded for additional development of his service connection claim, including obtaining National Guard medical records and a VA examination. The issue remains on hold until further action.

The veteran's GERD is currently asymptomatic and rated at 0 percent. The RO granted a higher initial rating for mechanical low back strain, but the disability remains rated at 10 percent as of April 21, 2006.

The veteran seeks service connection for multiple conditions, including a skin rash, left knee disability, gastroesophageal reflux disease, sleep apnea, and low back pain. The case is being remanded to obtain additional VA treatment records.

The Board denied the veteran's claims for increased ratings for his chronic low back strain, stress fractures of both knees, finding that the evidence did not meet the criteria for a higher rating under VA's rating criteria.

The Board has remanded the case due to a lack of post-service treatment records and an attempt should be made to obtain these records. The veteran's claim for service connection for his low back disability will be reconsidered after obtaining any available medical records.

The Board has reopened the veteran's claims for service connection for a back condition and residuals of hepatitis, but denied these claims as there is no objective evidence of current residuals of hepatitis.

The Board has determined that the veteran's low back disability, manifested by degenerative disc disease, is not due to a disease or injury incurred in service.,There is no competent medical evidence linking the veteran's current bladder condition to any event or incident of his period of active service.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a back injury, finding that new and material evidence had not been presented.

The Board has denied the veteran's claims for service connection for cervical and lumbar spine degenerative disc disease and arthritis, finding that he did not have active service during a period of war. The veteran is also denied basic eligibility for nonservice-connected pension benefits.

The Board denied service connection for a right knee or leg disability, degenerative joint disease of the right ankle, and degenerative joint disease of the low back. The veteran's assertions were not considered competent evidence to establish a nexus between his current conditions and active service.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a disability rating higher than 20 percent, as his range of motion did not reach 30 degrees or less and he did not have ankylosis.

The veteran's claims for service connection for a low back disorder, and increased evaluations for his right and left knee disabilities are being remanded due to the need for additional development of medical records.

The Board denied the veteran's claims for higher initial ratings for her right knee arthritis and degenerative disc disease of the lumbar spine, finding that she did not meet the criteria for a rating in excess of 10 percent under applicable diagnostic codes.

The Board found no evidence of a low back disorder during service and concluded that the current condition is not related to active duty. The veteran's statements about an in-service injury were considered, but the VA examiner opined that the current condition was likely due to age rather than service.

The Board has ordered additional development due to the need for records related to the veteran's disability compensation claims, including service medical records and Physical Evaluation Board reports. The case will be reviewed again after these records are obtained.

The Board denied the veteran's claim for an increased evaluation of his chronic low back pain with disc degeneration, currently rated at 20 percent. The disability is manifested by forward flexion to 40 and 90 degrees without ankylosis.

The veteran's claims for service connection have been granted, but the appeal to determine whether there was clear and unmistakable error in a previous rating decision is dismissed.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbar spine, effective November 1, 2007. The rating was based on incapacitating episodes lasting 4 weeks over 12 months and limitation of flexion to 35 degrees with additional functional impairment.