Back / lumbar spine decisions — 2007

The Board has reopened the veteran's claim for service connection for a right shoulder disability and granted it. The Board also found that the veteran's low back disability is related to injuries in service, warranting service connection.

The Board found that the veteran's hearing loss and spine disabilities were not incurred or aggravated by service, as there was no evidence of a nexus between his current conditions and his military service. The Board also noted that the veteran's left ear hearing loss existed prior to service.

The veteran's appeal for service connection for cancer of the jaw, ear, and back disorder has been dismissed as he requested to cancel his claims prior to the Board's decision.

The Board has determined that the veteran does not have a current left hand disorder and therefore, service connection for this condition is denied. For his mid-back disorder, the VA examiner opined that it is less likely than not related to service-incurred injuries dated May 1994. The skin disorder claim is pending as no diagnosis has been made.

The Board has determined that the veteran's low back disability is service-connected, as it was incurred during his active duty.

The Board has ordered a remand for additional development, including obtaining SSA records and scheduling the veteran for a VA examination to determine the nature and likely etiology of his claimed low back disability.

The Board has reopened the veteran's claims for service connection for hypertension and a low back disability, but denied his claim for diabetes mellitus.,VA is seeking to obtain additional medical records from the VA Medical Center in Shreveport, Louisiana.

The Board found no evidence of a chronic back disorder or an acquired psychiatric disorder during service, and thus denied the veteran's claims for these conditions.

The Board has determined that the veteran does not have a current diagnosis of depressive disorder, PTSD, or any other service-connected disabilities. The evidence does not support a finding that these conditions are related to his military service.

The Board denied the veteran's claims for service connection for rheumatoid arthritis of the cervical and lumbar spine with cervical disc disease, hypertension with sinus tachycardia, and malignant thymoma. The claim for residuals of a back muscle strain was not reopened due to lack of new and material evidence.

The Board found that the appellant's current back disorder is not related to his military service and denied his claim for service connection.

The veteran's claims for an initial compensable rating for bilateral diabetic retinopathy and service connection for DJD of the right knee and thoracolumbar spine were denied. The Board found that there was no evidence linking these conditions to his service-connected residuals of a left knee injury.

The RO denied the veteran's claim of service connection for a back disorder, but the Board of Veterans' Appeals later granted it in 2003 with an effective date of August 27, 2001.

The Board denied the veteran's claims for a higher evaluation and an earlier effective date for his service-connected degenerative disc disease of the thoracolumbar spine.

The veteran's appeal is remanded for additional development, including a VA examination to determine the etiology of any cervical and thoracic spine disabilities and their relationship to his service-connected residuals of a gunshot wound. The claims for secondary service connection are also intertwined with the rating claim.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine with mild spinal stenosis and bilateral pes planus, tinnitus, and sensorineural hearing loss, preclude him from securing or following a substantially gainful occupation. The Board finds that he meets the criteria for a total disability rating based on individual unemployability.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the severity of his service-connected cervical spine degenerative disc disease with left shoulder radiculopathy, left knee ACL injury, and hypertension.

The veteran's claim for an increased rating for his lumbosacral strain disability is being remanded due to the need for additional development, including a VA examination and consideration of all relevant evidence.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are service-connected, as they were incurred due to exposure to noise during active service. The degenerative disc disease of the lumbosacral spine is also service-connected based on continuity of symptomatology since service.

The Board is remanding the case for further development, including obtaining treatment records and a medical opinion to determine if the appellant's low back disability was aggravated by her June 1996 ACDUTRA period.