Back / lumbar spine decisions — 2007

The Board has determined that the veteran's low back disability is attributable to service and grants the claim for service connection.

The veteran's appeal includes multiple issues related to his service-connected and non-service-connected disabilities, including a request for increased rating for flat feet, as well as claims for various other conditions. The case is being remanded for additional development.

The Board has granted earlier effective dates of April 24, 1994 for the grant of service connection and a compensable rating for left arm disability, low back disability, and left shoulder disability.

The Board found that the evidence does not support service connection for a right shoulder condition, as it is more likely due to a pre-existing condition or unrelated to service. The veteran's cervical spine and scoliosis conditions were also not supported by the evidence.

The Board has reopened the veteran's claims for service connection for PTSD and a low back disorder, finding that new evidence submitted since the last denial raises a reasonable possibility of substantiating these claims. However, it denied both claims as there is no confirmed in-service stressor to support a diagnosis of PTSD.

The Board has determined that the veteran does not have current residuals of frostbitten feet, and his right ankle sprain, right hand injury residuals, right shin/tibia disability, bladder disability, right knee disability, or low back disability are not related to service.

The Board has remanded the case for further development, including obtaining additional evidence and ensuring proper notice to the veteran. The claims for a higher rating for service-connected back disability and for TDIU are inextricably intertwined.

The VA denied the veteran's request for a higher initial evaluation of her service-connected lumbar spondylosis with pars defect at L5, as it did not meet the criteria for a compensable evaluation.

The Board finds that the veteran's claimed back disorder was not incurred in active military service and is not secondary to a service-connected disability. The claim for headaches has also been denied as there is no current diagnosis of chronic headache.,Service connection for both the back disorder and the headache condition have been denied due to lack of evidence supporting their etiology.

The Board has determined that the veteran's service-connected residuals of fractures of the back, dorsal and lumbar spine T1, T12, L1, and L2, to include arthritis, warrants a rating of 40 percent under Diagnostic Code 5292. The current 20 percent evaluation is deemed inadequate as it does not reflect the severity of his disability.

The Board denied the veteran's claims for ratings in excess of 20 percent for lumbosacral strain prior to January 26, 2005 and for a rating in excess of 40 percent for lumbosacral strain beginning on that date.

The veteran's claim for an increased evaluation of his degenerative changes of the thoracic and lumbosacral spine is being remanded due to a need for additional development.

The Board has remanded the case back to the RO for additional development, including obtaining medical records and arranging for a VA examination of the veteran's lower back condition. The claims for service connection will be reconsidered based on the new evidence.

The Board has remanded the case due to the need to obtain the veteran's Social Security Administration disability file.

The Board denied the veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left lower extremity, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board denied the veteran's petition to reopen his claim for service connection for lumbosacral strain, finding that new and material evidence had not been submitted. The decision is based on the lack of medical evidence linking the current back disability to service.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for service connection for a low back disability with lower extremity radiculopathy.

The veteran's appeal is remanded for additional development, including obtaining VA outpatient clinical records and scheduling the veteran for a VA spine examination to determine the current severity of her service-connected degenerative joint disease of the lumbosacral spine and any current cervical spine disorder.

The Board denied the veteran's claims for increased ratings for rheumatoid arthritis and service connection for bilateral sensorineural hearing loss, a low back disorder, and post-traumatic stress disorder (PTSD).

The Board has determined that the veteran's low back disability was not present in service or until years after service, and is not etiologically related to service. Therefore, service connection for a low back disability is denied.