Back / lumbar spine decisions — 2007

The Board found that the veteran's current low back disability was incurred during his service and granted service connection for this condition.

The veteran's appeal is being remanded due to unclear evidence of his employability status and the need for a VA examination to assess his current employment capacity.

The Board has determined that the veteran does not have a service-connected back disorder, bilateral pes planus (claimed as flat feet), or sinusitis. The RO denied these claims based on lack of evidence showing a nexus to service.

The Board denied the veteran's claim to reopen his service connection for a low back disorder, finding that new evidence did not establish a link between his current condition and military service.

The Board has granted a 10 percent evaluation for the veteran's service-connected lumbar strain, finding that it does not meet the criteria for an increased rating.

The veteran's claims for higher ratings for asbestosis and degenerative changes of the lumbar spine were granted, but his reduction from a 100% to a 10% disability rating for prostate cancer was upheld. The effective date is not specified.

The Board denied service connection for a chronic sleep disorder and did not grant an increased rating for degenerative disc disease, L5-S1. The veteran's claims were based on secondary service connection due to her existing back disability.

The Board has denied the veteran's claims for service connection for PTSD, a lumbar spine disability, and periodontal disease. The decision summary explains that there is no evidence of combat duty or verified in-service stressors for PTSD, and the lumbar spine disability was not incurred during service. Periodontal disease was found to be unrelated to diabetes mellitus.

The veteran's claims for increased ratings for cervical spine, lumbosacral strain, and musculo-contracture headaches were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's claim for an increased rating for his service-connected lumbosacral spine injury is being remanded to the RO for scheduling a hearing before a local VA hearing officer.

The veteran's claim for an increased evaluation for DDD of the low back was granted with an effective date of April 9, 2003.,The veteran's claim for an increased evaluation for a cervical spine disorder was granted with an effective date of April 9, 2003.,The veteran's claim for an increased evaluation for bipolar disorder was granted with an effective date of April 9, 2002. SMC at the housebound rate was also granted as of this date.

The Board denied an increased rating for the veteran's compression fracture, L1, with chronic lumbar strain and arthritis, finding that it did not meet the criteria for a disability rating in excess of 20 percent.

The Board denied the veteran's claims for an increased rating for his lumbosacral disability and service connection for a cervical spine condition, finding that the evidence did not support higher ratings or service connection.

The Board has granted service connection for the veteran's depressive disorder and herniated disc at L4-5, bulging disc at L1-S1 with lumbar spasm, myositis and degenerative joint disease. The initial evaluations have been set at 20 percent each.

The Board has denied the veteran's claims for service connection due to lack of legal merit. The claim for a low back disability and left hip disability on a direct basis are both denied, as there is no evidence showing these conditions were incurred in or aggravated by service. The secondary service connection claim for a left hip disability is also denied because the veteran does not have a currently service-connected back disability.

The Board found that the veteran's low back, bilateral peripheral neuropathy, and right knee disabilities are not service-connected as secondary to his service-connected left knee disorder. The claims for increased evaluations of his pre-operative knee disability will be remanded.

The Board found that the veteran's lumbosacral strain was not incurred during or aggravated by service and is not proximately due to a service-connected disability. As such, the claim for service connection was denied.

The veteran's appeal for an earlier effective date for additional compensation benefits due to his dependent spouse was denied as the evidence of dependency was not received within one year of notification of the rating action granting a combined disability rating in excess of 30 percent.

The VA denied an increased evaluation for the veteran's service-connected chronic lumbosacral strain with degenerative disc disease, currently rated at 40 percent. The evidence did not show unfavorable ankylosis of the spine or intervertebral disc syndrome.

The Board has remanded the veteran's claims due to insufficient medical evidence and a need for further examinations.