Back / lumbar spine decisions — 2007

The veteran's appeal is being remanded to the RO for a local personal hearing. The issues include service connection and increased rating claims.

The Board denied the veteran's claims for service connection for various conditions, including lumbosacral strain, eye disorder, right foot disorder, and nervous disorder. The claim for a higher rating for residuals of an ununited avulsion fracture of the right ulnar styloid was also denied.

The Board has determined that the veteran's fractures of the thoracic and lumbar spine are attributable to service, granting his claim for service connection.

The veteran's claim for an increased disability rating for bilateral metatarsalgia was granted, and his previously denied claim of service connection for a back disability was reopened. The effective date is not specified.

The Board has determined that the veteran's degenerative disc disease of the cervical, thoracic and lumbar spine with herniated discs at C5-6-7 and bulging discs at T8-9 and L3-4-5 did not originate in service and is not related to any incident of service. As a result, the claim for service connection has been denied.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess the current severity of his service-connected disabilities.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The veteran's claim for an increased rating for his low back disability and separate ratings for neurological manifestations were denied. His TDIU rating was also denied. The current evaluation of 40 percent is based on the orthopedic manifestations, with no incapacitating episodes or other factors warranting a higher rating.

The veteran's claim for nonservice-connected pension was denied as he did not meet the criteria of being permanently and totally disabled from a non-service-connected disability.

The Board has remanded the case due to incomplete service treatment records and requests for additional examinations. Service connection will be considered based on the merits of the claims.

The Board denied service connection for a back disability and a psychiatric disability on the basis that there was no evidence to support a direct relationship between these conditions and active military service.

The Board has determined that the veteran's lumbar strain, which is at least as likely as not related to his military service, meets the criteria for service connection.

The veteran's claims for service connection of a cervical spine disability and an increased evaluation for his thoracolumbar back strain are being remanded due to the need to obtain additional medical records. The TDIU claim is also inextricably intertwined with the other claims.

The Board has remanded the case due to issues related to obtaining medical records from Tinker Air Force Base and conducting a VA examination. The veteran's claim for service connection for a low back disability is pending.

The veteran's combined service-connected disabilities do not meet the criteria for a TDIU due to their percentage ratings, but his unemployability is considered based on the severity of his service-connected conditions.

The veteran's appeal for an increased rating for thoracolumbar spine strain with sciatic radiculopathy was dismissed as the appellant withdrew his appeal prior to a decision being made.

The veteran's claim for increased ratings for his low back disorder was denied by the RO, with a rating of 20 percent effective from September 1979.

The Board has determined that the veteran's claims for service connection for bilateral hearing loss, dizziness/vertigo, low back pain, tinnitus, and a skin condition are denied as there is no evidence of in-service injury or disease. The veteran did not engage in combat with the enemy during his military service.

The Board has denied the veteran's claims for increased ratings for his low back disorder, finding that the evidence does not meet the criteria for a higher rating at any time during the period of appeal.

The Board denied increased ratings for the veteran's service-connected gunshot and shell fragment wounds of the right thigh and pelvis, as well as his claims for service connection for degenerative joint disease of the lumbar spine and cervical spine. The residuals of the gunshot and shell fragment wounds are currently rated at 10 percent.