Back / lumbar spine decisions — 2008

The veteran's low back disability is rated at 20 percent, and his residuals of a fracture of the right fifth metatarsal are rated at 10 percent. The effective date for these ratings is not specified.

The Board found that the veteran's back disability was not incurred in or aggravated by service and denied his claim.

The Board found that the veteran's low back disability was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The claim for PTSD is remanded as there are no records showing a diagnosis of PTSD.

The Board has remanded the case for further development due to issues raised by the veteran regarding the examination and adjudication of his claims.

The veteran's TDIU claim was granted effective October 9, 2001, based on his service-connected disabilities. The combined rating for these conditions at that time was 80 percent.

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

The Board has reopened the veteran's claim for service connection for a low back condition, including Degenerative Disc Disease (DDD), and granted the claim in full. The evidence shows that the veteran's DDD was incurred during his military service.

The Board denied reopening the veteran's claims for service connection for a back disorder and cardiovascular disorder due to lack of new and material evidence.

The Board finds that the veteran's lumbar spine and right shoulder disabilities existed prior to his second period of active duty service, and they were not aggravated by such service. Therefore, these conditions are not considered incurred in or aggravated during service.

The Board denied the veteran's claims of service connection for a back disability and tinnitus, finding no current diagnosis or evidence linking these conditions to his military service.

The Board has remanded the case for additional development, including obtaining treatment records and conducting a VA examination to assess the current severity of the veteran's service-connected disabilities. The claim will be reconsidered based on this new evidence.

The Board has remanded the case for further development and adjudication, including obtaining updated treatment records from the San Juan VA Medical Center, requesting medical records from Dr. Edhevarria, and scheduling an orthopedic examination.

The Board denied the veteran's claims for higher initial ratings and an earlier effective date for his service connection for multilevel lumbar spine degenerative disc disease.

The Board has remanded the case for further development, including obtaining SSA records and a VA examination to determine if the veteran's hip and lumbosacral spine disabilities are related to service or secondary to his service-connected left ankle disability.

The veteran's claim for an increased evaluation for his low back disability is being remanded due to the need for additional medical records and a new VA examination.

The Board has determined that the veteran's degenerative joint and disc disease of the lumbosacral spine was not incurred in or aggravated by active military service, nor is it related to an in-service incident. The arthritis of bilateral lower extremities claim cannot be granted as secondary to a service-connected disability.

The Board has reopened the veteran's claim for service connection for a back disorder, but denied it on the grounds that there is no new and material evidence to support the claim.

The VA denied an initial evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine since August 2, 1996.

The Board denied the veteran's claim for an earlier effective date prior to February 25, 1994 for a 20 percent rating for his service-connected lumbosacral strain.

The Board finds that the veteran's back disorder is related to his service-connected left thigh shell fragment wound, and grants service connection for this condition. The claim for allergies, nasal polyps, and rhinitis is denied as there is no evidence of a direct relationship with service or any other compensable exposure basis.