Back / lumbar spine decisions — 2008

The veteran's appeal is being remanded due to the need for additional development, including scheduling a travel board hearing at the RO in Little Rock, Arkansas.

The veteran's claims for increased ratings and service connection have been denied. His degenerative disc disease of the lumbosacral spine remains at a noncompensable rating, while his right hip strain is also rated as noncompensable. Service connection for a respiratory disability was not established.

The Board has denied the veteran's claims for service connection for a back disorder and an innocently acquired psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Board has remanded the case for additional development, including obtaining service medical records and private treatment records. The veteran's low back and left knee conditions will be evaluated by a VA examiner to determine if they are related to his military service.

The Board has found service connection for a left shoulder disability is warranted. The claim for service connection of the lumbar spine disability remains pending.

The Board has determined that the veteran's chronic mechanical low back strain is related to her service, and thus service connection is granted.

The Board has denied the veteran's claims for service connection for chronic gynecological problems, low back pain, leg edema (secondary to hypertension), hypertension, chest pain, angina, cardiac arrest and Prinzmetal angina, and diabetes mellitus. The evidence does not support a finding that these conditions are related to her military service.

The Board denied the veteran's claim for service connection for residuals of a left shoulder injury due to lack of current disability evidence.

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

The Board denied the veteran's claim for service connection for a cervical and lumbar spine strain, finding no evidence of such disability during active duty or any link to in-service events.

The Board denied the veteran's claims for service connection of right foot, right knee, and low back disabilities as secondary to his service-connected left ankle disability.

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

The veteran claims service connection for lumbar degenerative disc disease, which he contends is related to a 1970 injury during active military service. The RO has requested additional information and evidence from the Social Security Administration (SSA) regarding the veteran's disability benefits. A VA examination will be scheduled to determine if the veteran's current lumbar degenerative disc disease began during service or is related to some incident of service.

The Board has determined that the veteran does not have a left leg disability other than his left knee, and there is no evidence of a vertebral injury. The claims for service connection are denied as new and material evidence was not received to reopen these claims.

The Board has remanded the case for further development, including obtaining medical records and conducting a VA examination to assess the veteran's lumbar spine and thoracic spine disabilities. The appeal involves evaluating whether there are flare-ups, chronic pain, and functional loss in these disabilities.

The veteran's low back disability, evaluated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not meet the criteria for a higher rating as it does not demonstrate ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The Board found no evidence of a nexus between the veteran's current low back disorder and his period of active service, thus denying service connection.

The veteran's claims for increased ratings for PTSD, a low back disability, and the residuals of a shell fragment wound to the left calf and ankle are being remanded due to insufficient notice provided by VA and outstanding VA treatment records.

The Board has determined that the appellant's claimed low back, right knee, and left knee disabilities are not service-connected as they are not shown to be related to his military service or any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The appellant's gastritis is also not service-connected.

The Board finds that the veteran's low back disability was not permanently aggravated by his military service, and therefore, he is not entitled to service connection for this condition.