Back / lumbar spine decisions — 2007

The Board has reopened the veteran's claim for service connection of a back disorder and finds that there is sufficient evidence to support this claim, including a private doctor's opinion suggesting the possibility of undiagnosed lumbar disc disease in service.

The veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess his disabilities. The RO must then assign disability ratings based on the evidence.

The Board has reopened the claim of service connection for a low back disability and remanded the case to obtain additional medical evidence. The veteran's bilateral carpel tunnel syndrome is not related to his military service.

The veteran is seeking a permanent and total disability rating for pension purposes due to multiple non-service connected disabilities that prevent him from securing or following substantially gainful employment. The case is being remanded for further examination and evaluation of his disabilities.

The veteran's claim for an evaluation in excess of 40 percent for ankylosing spondylitis of the lumbar segment of the spine prior to August 8, 2005 was denied.,The veteran's claim for increased evaluations for residuals of a right acromioclavicular separation from September 1, 1993, to September 10, 2001 and after September 10, 2001 and prior to August 8, 2005 was denied.,The veteran's claim for an evaluation in excess of 10 percent for hypertension on appeal from initial grant of service connection was denied.,The veteran's claim for an evaluation in excess of 10 percent for hepatitis (including a hiatal hernia and gastroesophageal reflux with history of a gallstone) on appeal from initial grant of service connection was denied.

The Board granted an increased evaluation of 60 percent for lumbosacral strain with degenerative disc disease at L5-S1, from September 23, 2002.

The veteran seeks service connection for residuals of a lumbar laminectomy, which he claims is related to his already service-connected lumbar paravertebral myositis. The Board has ordered further development due to potential issues with the duty to assist.

The veteran's claims for increased ratings and service connection were denied. The Board found that the maximum schedular rating available for tinnitus is 10 percent, precluding any higher rating.

The veteran's low back disability, characterized by severe limitation of motion and constant pain, has been rated at 40 percent since March 2001. The current rating is the maximum allowed under the applicable diagnostic codes.

The Board denied reopening the claim for schizophrenia and found no service connection for head injury residuals, back disability, or COPD. The claims were all denied.

The Board dismissed the motion for clear and unmistakable error (CUE) in the October 1986 decision denying service connection for a back disability, finding that the motion did not meet the requirements of Rule 1404(b).

The Board denied service connection for a back disability and vertigo, finding no evidence of in-service injury or disease that could be linked to the current conditions.

The veteran's service-connected chronic low back strain with degenerative changes did not worsen to the extent that it precluded him from performing his previous occupation, and the Board denied his claim for additional vocational rehabilitation benefits.

The Board found no evidence of a low back disability in service and insufficient continuity of symptomatology to establish service connection. The veteran's current condition was not shown within one year after separation from service, and the preponderance of the evidence did not support a finding that his current condition was related to service.

The Board denied service connection for the cause of the veteran's death and eligibility for Dependent's Educational Assistance under Chapter 35 due to lack of evidence showing a service-connected disability caused or contributed substantially to his death.

The Board has granted service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected disability of degenerative arthritis of the left knee, but denied service connection for left hip pain as secondary to a service-connected disability of degenerative arthritis of the left knee.

The Board found no evidence of a back disorder in service and denied the veteran's claims for service connection.

The Board has granted service connection for the veteran's disabilities of the right ankle, left ankle, bilateral knees, and low back as secondary to his service-connected right ankle sprain. The RO will need to assign a specific rating based on these findings.

The Board has determined that the veteran does not have a low back disorder that is proximately due, the result of, or chronically aggravated by his service-connected bilateral pes planus. The claims for hypertension and peripheral neuropathy/radiculopathy are pending.

The Board found no evidence of a nexus between the veteran's current degenerative joint disease of the lumbar spine and radiculopathy of the left lower extremity and his military service, thus denying both claims for service connection.