Back / lumbar spine decisions — 2007

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claims of service connection for right knee disorder and low back disorder. The veteran's claims are currently in a 'mixed' disposition, meaning some issues were granted while others were not.

The Board denied the veteran's claim of service connection for post-traumatic discogenic disease of the lumbosacral spine, finding that new and material evidence had been submitted but concluding that the condition was not incurred in or aggravated by active military service.

The veteran's claims for increased ratings and service connection have been denied. The RO found no new and material evidence to reopen the previously denied claim of osteomyelitis of the right humerus, and denied compensation under 38 U.S.C. § 1151 for numbness and paralysis of the arms and legs as well as a small hole in the esophagus.,The veteran's left leg sciatica and radiculopathy claim was granted with a 20% disability rating, but he appealed this decision.

The Board found that the veteran's osteoarthritis of the lumbar spine was not incurred in or aggravated by active military service and may not be presumed due to his service.

The veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or being housebound is remanded due to conflicting evidence regarding his service-connected disabilities.

The veteran's claim for increased evaluations of his service-connected degenerative disc disease, L5-S1, and sciatica of the left leg is being remanded due to a need for additional medical examination.

The Board has granted service connection for degenerative joint disease and degenerative disc disease of the thoracolumbar spine, assigning a 40 percent rating effective August 18, 2005. The veteran's back disability is not productive of additional neurological impairment warranting a separate compensable rating.

The Board has determined that the veteran's claims of service connection for dental condition, low back disability, and bilateral leg disability are not supported by the evidence of record. The veteran did not have a current disability related to these conditions at the time of his separation from service, nor is there any medical evidence linking these disabilities to service.

The VA denied a claim for an increased evaluation for low back strain, finding that the veteran's condition does not meet the criteria for a higher rating based on his limited range of motion.

The Board denied service connection for hypertension and an increased rating for lumbosacral strain, finding no evidence of a nexus to the veteran's military service or service-connected condition.

The Board denied the veteran's claims for increased ratings for his lumbar spine degenerative joint disease and left lower extremity radiculopathy, finding that the evidence did not support a higher rating under the applicable VA regulations.

The Board is denying the veteran's claims for service connection due to lack of evidence showing current disabilities or a relationship between his service and any claimed conditions.

The Board denied service connection for cervical and lumbar spine disabilities, as well as right eye trauma and bilateral leg disability. The veteran's current conditions are not shown to be related to his military service.,Service connection was also denied for headaches, as there is no evidence of a current condition that can be linked to the in-service injury.

The veteran's claims for PTSD, depression, bilateral hearing loss, left knee injury, prostatitis, and right shoulder fracture were denied on the merits. The claim for a compensable evaluation for service-connected hemorrhoids was not addressed in this decision.

The veteran's service-connected disabilities do not render him unemployable, as his combined evaluation is 60 percent and the VA examiners found him capable of performing desk work.

The veteran's claims for increased ratings and initial disability ratings higher than 10 percent for his lumbar disc disease, radiculopathy, and peripheral neuropathy of the right foot were denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating codes.

The veteran's lumbar muscular strain with degenerative disc disease was found to be manifested by slight limitation of motion before October 17, 2005 and moderate limitation of motion from that date. The claim for higher ratings is denied.

The Board denied the veteran's claims for service connection for residuals of syphilis and a low back disorder, finding that there was no evidence of chronic residuals or disease during service and insufficient medical evidence to establish a current disability. The claim for residuals of syphilis was previously denied in September 1990 and affirmed by the Court in August 1991.

The veteran's claims for service connection for low back disorder and right hip disorder were denied as the evidence does not support a finding that these conditions are related to military service.,The veteran's claims for increased ratings of his right and left knee chondromalacia were also denied due to lack of evidence showing the severity of the disorders.

The Board has remanded the case for additional development due to missing medical records from various doctors.