Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for an effective date prior to May 24, 1984 for a 30 percent evaluation for his service-connected degenerative disc disease and denied his claim for service connection for a neck disability.

The Board has denied the veteran's claims for service connection for low back disability and chest condition, finding no evidence of a current disability related to active service.

The Board has determined that the veteran's low back and right leg disabilities were not caused by his active military service from January 1945 to December 1946, and therefore denied service connection for these conditions.

The Board has determined that additional records are needed to fully evaluate the veteran's claims, including service medical records and VA treatment records. The RO is instructed to obtain these records and then adjudicate the claims.

The Board denied the veteran's claims for service connection for a back disability and a disability of the legs, as well as his claims for nonservice-connected pension. The evidence did not establish that these conditions were incurred in or aggravated by service.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and further development of her claims.

The veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine was denied. The Board found that no earlier effective date is warranted as it would be prior to when a new claim was filed after a final denial.

The Board denied service connection for PTSD due to insufficient evidence of a verified in-service stressor. The veteran's claim for evaluation of residuals of right navicular fracture was not addressed as it is unclear if the appeal was about service connection or another issue.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a low back disorder. The Board also found that the veteran's current low back disorder is attributable to his active duty service.

The veteran's claim for an increased disability rating for his service-connected lumbar degenerative disc disease with a history of lumbosacral strain was granted, effective from August 25, 2004. The increase in evaluation to 30 percent is based on the date of receipt of his claim.

The Board has denied service connection for PTSD, hypertension, gastrointestinal disability, hemorrhoids, cervical spine disability, lumbosacral spine disability, and rash as the evidence does not support a finding of in-service incurrence or aggravation of these conditions.

The Board has reopened the veteran's claim for service connection for a low back disability and granted it, finding that there is new and material evidence to support the claim.

The VA determined that a higher evaluation for the veteran's service-connected degenerative joint disease of the lumbar spine is not warranted, as it does not meet the criteria for an increased rating.

The veteran's claims for increased ratings for lumbosacral strain and service connection for a neuropsychiatric disorder secondary to his back disability have been denied. The Board found that the evidence did not support an increase in rating prior to April 25, 2005 or since then, and also concluded there was no medical basis linking the veteran's current neuropsychiatric disorder to his service-connected lumbosacral strain.

The VA determined that the veteran's low back strain disability, which causes pain and slight limitation of motion, does not warrant an evaluation in excess of 10 percent.

The appeal has been dismissed as the appellant withdrew it through his authorized representative.

The Board denied the veteran's claims for service connection of cervical, thoracic, and lumbar spine disorders.

The Board denied service connection for right elbow bursitis and epicondylitis, as the evidence did not show that these conditions were incurred in or aggravated by active military service.,The veteran's degenerative disc disease of the lumbar spine was granted a 40 percent disability rating initially. The Board found no basis to grant an increased evaluation beyond this initial rating.

The Board has determined that the veteran's current low back disability is not related to his military service and therefore denied his claim for service connection.

The veteran's claim for higher ratings for his service-connected thoracolumbar strain with degenerative joint disease and radicular symptoms was denied. The RO found that the evidence did not support a rating in excess of 40 percent prior to September 23, 2002 or in excess of 60 percent beginning on that date.