Back / lumbar spine decisions — 2008

The veteran's claims for PTSD and low back disability are being remanded due to the need for additional evidence, including SSA records and supporting evidence of claimed stressors.

The Board has determined that the veteran's current left hip arthritis is related to his military service, but denied service connection for his lumbar spine disorder as it was not manifested in service or until many years after service.

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbosacral strain, finding that there was no evidence of unfavorable ankylosis and thus not meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The veteran is seeking service connection for left knee, right knee, and back disabilities. The Board has determined that a VA examination is needed to determine the nature and etiology of these conditions.

The VA denied an increased rating for the veteran's degenerative joint disease of the lumbosacral spine, currently evaluated at 40 percent.

The veteran has been granted service connection for lumbosacral spine strain/contusion, but denied service connection for right hip and leg disorders.

The Board has determined that the veteran's lumbar spine disorder is secondary to his service-connected right knee disorder and grants service connection for this condition.

The veteran's claims for increased ratings for his low back disability and bilateral knee disabilities were denied. The RO found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for further development, including obtaining VA and private treatment records, providing corrective VCAA notice on secondary service connection, scheduling a VA examination, and readjudicating the claims.

The Board denied the veteran's claims for service connection for chloracne and a low back disability. The decision found that there was no evidence of chloracne within one year after separation from service, and thus could not be presumed to have been incurred due to herbicide exposure. For the low back disability, the claim is remanded as additional development is needed.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 20 percent, as his range of motion is within the criteria for a 20 percent rating.

The Board has remanded the veteran's claims due to failure in providing effective VCAA notice.

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's current low back disability is related to his service.

The Board has dismissed the veteran's appeals regarding increased ratings for his service-connected jaw, femur, cervical spine, dorsal spine, and lumbar spine disabilities. The earlier effective date claim for TDIU was also dismissed. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for post-operative residuals of a carotid endarterectomy is denied.

The veteran's increased disability ratings for arthritis of the cervical spine, thoracic spine, and lumbar spine have been granted effective from November 25, 2002.

The Board has reopened the veteran's claim for service connection for a low back disorder, but denied her claim for anatomical loss of right fallopian tube.,Anatomical loss of right fallopian tube is not related to service-connected endometriosis.

The Board denied a rating in excess of 20 percent for service-connected mechanical low back syndrome, and the claims for reopening the heat stroke claim and TDIU were not addressed.

The Board has ordered a remand to determine if the veteran's current hip and back disabilities were aggravated during his ACDUTRA in June 1986. The case will be re-adjudicated after this examination.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease was denied, as the current evaluation of 40 percent is considered appropriate based on the severity of his symptoms and functional impairment. The claim for TDIU due to service-connected disabilities was also denied.

The Board has granted a 40 percent rating for the veteran's low back disorder since March 6, 2007. The other issues were not granted.