Back / lumbar spine decisions — 2007

The Board has reopened the veteran's claims for service connection for bilateral knee disabilities, but denied them on the merits.

The Board denied the veteran's claim of service connection for a chronic back disability, finding that there was no evidence of an in-service injury and insufficient continuity of symptomatology to establish a current disability related to service.

The veteran's claims for service connection for glaucoma and a low back disability, as well as his request for an increased rating for PTB, were all denied. The denial of the glaucoma claim is based on lack of evidence linking it to service or service-connected conditions. The denial of the low back disability claim is due to insufficient new and material evidence. The PTB rating remains at 30 percent.

The Board has determined that the veteran's lumbar spine disability and arthritis were not incurred in or aggravated by active service.

The Board has remanded the veteran's claims for increased ratings for his lumbar spine and right knee disabilities due to incomplete notice of applicable law, failure to consider all evidence, and need for further development.

The Board has determined that the veteran does not have any current disabilities related to his service-connected fractured nasal bone. For his lumbar spine, shoulder, and knee conditions, the evidence does not support a finding of in-service disease or injury. Therefore, these claims are denied.

The veteran's kidney disorder was not incurred in or aggravated by service. The Board denied the claim for service connection.

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

The veteran's T12-L1 discectomy and fusion required convalescence through June 30, 2006. The Board granted a temporary total rating for this period but denied an increased initial rating for her thoracolumbar spine disability.

The case is being remanded for additional development, including a VA examination and consideration of recent medical records.

The Board has determined that the veteran does not have a current cervical spine disability and therefore, service connection for this condition is denied.

The Board has determined that a rating of 40 percent is warranted for the veteran's service-connected low back disability, which represents an increase from the previously assigned 20 percent rating.

The Board has determined that the veteran does not have a low back disorder that is proximately due to, the result of, or chronically aggravated by his service-connected bilateral pes planus.

The Board finds that the veteran's neck and back disabilities were not incurred in or aggravated by service, as there is no evidence of a nexus between his current conditions and active duty. The preponderance of the evidence indicates that post-service injuries have caused his present disabilities.

The Board found that the veteran's thoracolumbar spine disability was not incurred in or aggravated by service and is not proximately due to or the result of his service connected pilonidal cyst. As a result, the claim for service connection was denied.

The veteran has withdrawn his appeal for all issues except the claim of entitlement to an increased rating for seborrheic keratosis of the face, arm, hands, and right ear.

The veteran's service-connected chronic lumbar sprain with radiculopathy is currently rated at 20 percent, and the claim for a rating in excess of 20 percent has been granted.

The Board has determined that the veteran's claimed conditions are not related to his period of service and have denied all claims for service connection.

The Board has remanded the veteran's claims due to his request for a hearing. The appeal will be further processed by the RO.

The veteran's claim for increased evaluations for his lumbosacral strain is being remanded to allow for additional development, including a VA examination and the obtaining of relevant medical records.