Back / lumbar spine decisions — 2007

The veteran's claims for service connection for thoracic myofascitis, cognitive disorder due to closed head injury, and radiculopathy secondary to lumbar spine pathology have been granted. The claims for bilateral hearing loss, degenerative joint disease of the knees, hypertension, fibromyalgia and/or chronic pain syndrome, hepatitis C, and gastroesophageal reflux disease (GERD) remain pending.

The Board has reopened the veteran's claim for service connection for a back disability due to new evidence submitted since the last final denial. However, the claim is being remanded for further development and an opinion regarding whether the current degenerative disc disease preexisted his period of inactive duty for training and was aggravated by service.

The veteran's claims for increased ratings for his service-connected low back disability and radiculopathy of the right lower extremity were denied. A separate 10 percent rating was granted for a postoperative scar of the lumbar spine.

The Board denied the veteran's claims for service connection for a low back disability and a skin disorder, finding no new and material evidence to reopen these previously denied claims.

The veteran's claims for hip disability, AV malformation status post left parietal craniotomy, sleep disorder, and alcoholism were all denied. The claim for back disability was not granted due to a final denial.

The Board has decided to remand the case due to incomplete service records and a need for further examination. The veteran's low back disorder is being reviewed again with new evidence.

The July 31, 2003 rating decision denied the veteran's claims for service connection for back disability and special monthly pension based on the need of aid and attendance of another person. The veteran did not timely file a notice of disagreement to these decisions.

The Board has determined that the veteran's claim for service connection for residuals of a back injury is denied as there is no evidence linking his current disability to service.

The Board has remanded the case for additional development due to the need to obtain worker's compensation records and medical records related to the veteran's low back condition.

The Board has remanded the claims for higher initial ratings due to insufficient evidence and needs further examination of the veteran's service-connected low back, left hip, and left foot disabilities.

The veteran withdrew his appeal for service connection for a low back disorder, and the Board dismissed the case as there is no justiciable case or controversy.

The Board found that the veteran's low back disorder is not proximately due to or a result of his military service or service-connected left knee disability.

The Board has determined that the veteran's back and bilateral hip disabilities are not related to his service-connected knee disabilities, and thus denied both claims.

The VA denied the veteran's request for a higher disability rating for his low back disability, maintaining that it did not meet the criteria for a higher than 40 percent rating.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 for a low back disability resulting from VA treatment in November 1994 has been granted, and service connection is awarded.

The Board has determined that the veteran's service-connected lumbosacral spine disability warrants a 40 percent rating from September 1, 2005, and denied any higher ratings prior to that date.

The Board finds that the veteran's lumbar spine condition did not warrant a rating in excess of 10 percent prior to April 15, 2003. Therefore, an effective date earlier than April 15, 2003, for a 40 percent rating is denied.

The Board has determined that service connection is not warranted for PTSD due to lack of combat involvement and unverified stressors. The veteran's back disorder was found, but the examiner could not provide a clear opinion on whether it was caused or aggravated by his service-connected right ankle and knee disabilities.

The Board has remanded the case for further development due to new evidence from Social Security Administration (SSA) decisions.

The Board has determined that the veteran's claimed disabilities of tinnitus, eye condition, right foot spur, low back disorder, and bilateral shoulder condition were not incurred in or aggravated by service. The claim for a higher initial rating for left ankle disability is referred to the RO.