Back / lumbar spine decisions — 2007

The veteran's appeal is being remanded due to ongoing appeals in Ribaudo v. Nicholson and the need for a VA examination.

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

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his service-connected cervical spine, lumbar spine, left lower extremity, and right lower extremity conditions.

The Board has reopened the veteran's claims of entitlement to service connection for bilateral pes cavus, right knee degenerative joint disease, and a back disorder. The evidence submitted since the last final denial raises a reasonable possibility of substantiating these claims.

The Board has determined that the veteran's low back disability, including degenerative joint and disc disease of the lumbar spine, is service-connected as it was incurred during his active duty for training (ACDUTRA) with the U.S. Marine Corps Reserve in 1987.

The Board has determined that the veteran does not have a current back disability that is related to service, and thus denied his claim for service connection.

The Board has determined that the effective date for the grant of service connection for a low back condition should be December 28, 1970, based on new and material evidence received in September 1999.

The Board dismissed the veteran's appeal because he did not timely perfect his appeal regarding whether new and material evidence had been submitted to reopen a claim for service connection for a low back disability.

The veteran's appeal is being remanded to the RO for additional development of his service-connected low back disability, including examination and review of medical records. The issues on appeal include a higher rating for his degenerative disc disease with neuropathy, temporary total rating due to convalescence following surgery, and TDIU.

The veteran's service-connected PTSD is currently rated at 50 percent, and he has been granted a TDIU. The back disorder remains unconnected to service.

The veteran's appeal is being remanded for additional development of his service-connected knee and back disabilities, including obtaining medical records and scheduling a VA examination.

The Board has reopened the veteran's claim of service connection for a low back disability and remanded it to the RO for further development.

The Board has remanded the case for further development and examination, including obtaining medical records from a VA Medical Center in New Orleans and scheduling the veteran for VA examinations to determine the nature and etiology of his claimed low back disorder and tuberculosis.

The Board has determined that there is no evidence to support the veteran's claims of service connection for arthritis of the right knee, left knee disability, ankle disability, or ankylosing spondylitis of the lumbar spine. The preponderance of the evidence does not establish a link between these conditions and military service.

The Board found that the evidence did not support a finding of service connection for a low back disability. The claim for PTSD was denied due to insufficient credible supporting evidence of in-service stressors.

The Board found that new and material evidence had been submitted to reopen the claim for service connection of a chronic low back disorder. The claim was then evaluated in light of all available evidence, including service records and private medical opinions, and it was determined that the veteran's current low back disorder is not related to his active duty service.

The VA denied the veteran's claims for a higher rating for his cervical spine condition and service connection for obstructive sleep apnea. The VA found that the veteran did not meet the criteria for an increased rating under the applicable diagnostic codes, and there was no evidence of service connection for obstructive sleep apnea.

The Board has determined that additional efforts are needed to obtain the veteran's service medical records and other relevant post-service treatment records. The case is being remanded for these purposes.

The veteran withdrew his appeal for an increased evaluation of osteoarthritis of the lumbosacral spine with residuals of a compression fracture. The issue of service connection for status post-cervical discectomy was not addressed due to its nature as a non-service-connected condition.

The Board has determined that there is no diagnosed otitis media, low back condition, or right shoulder condition and thus service connection for these conditions cannot be granted.