Back / lumbar spine Board decisions

The Veteran's claim of entitlement to an evaluation in excess of 20 percent for his service-connected lumbosacral strain is being remanded due to inadequate development and the need for additional evidence.

The Veteran's service-connected degenerative disc disease of the lumbar spine did not preclude him from securing or following substantially gainful employment for the period from August 25, 1997 to March 14, 2001. Therefore, his claim for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) and 4.16(b) is denied.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected degenerative disc disease, L1-S1, is denied as there is no evidence of unfavorable ankylosis of the thoracolumbar spine.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by service, and denied all claims for service connection.

The Veteran's service-connected residuals of a lumbosacral injury, which is rated at 40 percent, does not meet the criteria for an extraschedular rating due to lack of evidence showing marked interference with employment or frequent hospitalization.

The Board has ordered a remand to obtain additional medical records and review the February 2009 VA examination report. The Veteran's claim for service connection for upper back disability will be reconsidered based on the new evidence.

The Veteran's lumbosacral spine disease, cervical spine pain with degenerative joint disease, and carpal tunnel syndrome of the left hand are currently evaluated at 20 percent. The Veteran's right hand carpal tunnel syndrome is noncompensable.

The Veteran's claims are being remanded for additional development, including providing proper VCAA notice and obtaining outstanding treatment records.

The Board has ordered a remand to obtain additional medical records and conduct further examinations. The Veteran's claims for service connection are being reviewed based on the evidence provided.

The Board has remanded the case due to scheduling issues for a videoconference hearing. The Veteran's claims of reopening service connection and severing right ear hearing loss are pending.

The Veteran's back disability is not manifested by incapacitating episodes or other symptoms warranting a higher rating, and the current 20 percent rating adequately reflects his disability.

The Board has determined that the Veteran's left little finger crush injury with tendon damage does not warrant a compensable evaluation, and his lumbar strain does not meet or approximate the criteria for a compensable rating under VA regulations.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a November 2006 surgery at the VA Medical Center in West Haven, Connecticut. The case has been remanded to obtain additional medical records and to conduct a VA examination to determine if his current conditions are related to the care provided by VA.

The Board has determined that there is a need to verify the Veteran's periods of active duty, inactive duty training, and service treatment records. The Veteran should be contacted for further information regarding his claimed conditions during service.

The Board denied reopening the claim for service connection of a low back disability and granted service connection for shrapnel wound to the left side of the chest, but did not assign any compensable evaluation.

The Board denied the Veteran's claim for service connection for a lower back disability, finding that there was no evidence of arthritis in service or within one year after service and concluding that his current osteoarthritis did not manifest until more than a year after separation from active duty.

The Board has remanded the case for further development due to a Court decision.

The Veteran's claims for increased ratings were granted, with a rating of 10 percent assigned for the period prior to September 20, 2002.

The Veteran's service connection for degenerative disc disease of the cervical spine is granted, with a rating of 10 percent effective from the date of the decision.

The Veteran is seeking an effective date prior to April 13, 2004 for the assignment of a 20 percent disability rating for his service-connected chronic lumbosacral strain. The VA has not obtained all relevant medical records from Pensacola VA Outpatient Clinic and must do so.