Back / lumbar spine decisions — 2007

The VA denied the veteran's claim for a rating in excess of 20 percent for his service-connected residuals of trauma to the thoracic and lumbar spine, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or intervertebral disc syndrome.

The Board denied the veteran's claims for service connection and initial evaluations for arthritis of the cervical spine, finding that his degenerative disc disease of the lumbar spine was not incurred in or aggravated by active service.

The Board denied the veteran's claim for an effective date prior to December 1, 2002 for increased disability compensation benefits based on dependents. The veteran was awarded a combined disability rating in excess of 30 percent in November 2000 and was entitled to additional compensation for dependents if he provided evidence within one year after the qualifying rating decision. He submitted evidence of his dependents, two children, in early November 2002, which expired the one-year period for increased benefits based on dependents.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has granted service connection for the veteran's back condition, finding that new and material evidence has been received to reopen the claim.

The Board found no evidence of current disabilities and denied service connection for malaria, chronic bronchitis, and onychomycosis (foot condition) as they are not related to active duty.

The Board has determined that there is no competent medical evidence of a current chronic disability manifested by headaches or low back disorders. Therefore, the veteran's claims for service connection for these conditions are denied.

The VA determined that the veteran's post-operative status, laminectomy at L4-5 and S1 with DDD, warrants a 20 percent rating for her entire period of evaluation.

The Board has decided to remand the case for further development, including obtaining VA outpatient records and scheduling a medical examination. The veteran's claim of service connection for a back disorder will be reconsidered based on the additional evidence.

The Board has granted a 10 percent disability evaluation for irritable bowel syndrome (IBS), but denied the claim for mechanical low back pain as it does not meet the criteria for a compensable rating.

The Board found that the veteran's back condition existed prior to his entry into service and was not aggravated during service, thus denying service connection.

The Board has remanded the case due to the need for further development, including a VA examination to determine the cause of the veteran's current low back disorder and whether it is related to his military service.

The veteran's death was not due to his own willful misconduct, and he received TDIU benefits for over a decade prior to his death. However, the Board found that the veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he did not have a service-connected disability rated as totally disabling for at least ten years immediately preceding his death.

The veteran's claim for a higher initial evaluation for his thoracic and lumbar musculotendinous strain is being remanded due to the need for a VA examination, as well as additional medical records. The RO will also review the case based on all applicable legal authority.

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent disability rating, effective from when his claim was filed.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to determine if the veteran's psychiatric and back disorders are related to his service-connected foot disabilities.

The Board has denied the veteran's claim for an increased rating for his degenerative disc disease at L5-S1, finding that the evidence does not support a higher rating based on the current range of motion and absence of intervertebral disc syndrome.

The Board has determined that further development is necessary before the veteran's claims of entitlement to service connection for disability due to a right hand crush injury and a right hip disability can be adjudicated.

The Board has granted service connection for flat feet, heart disorder, back disability, and right leg disability. However, the claims were denied due to lack of evidence linking these conditions to service.

The Board has remanded the case for further development, including obtaining service personnel records and medical records from the veteran's Merchant Marine service. The veteran is also to be scheduled for VA examinations to determine the nature, extent, and etiology of his claimed disabilities.