Back / lumbar spine decisions — 2007

The veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated totally disabling. However, the appellant could not provide evidence that the veteran was entitled to receive a total rating prior to April 16, 1977.

The Board has remanded the case for further development, including a VA examination and notification to the veteran regarding disability ratings and effective dates.

The veteran's service-connected disabilities were not rated as totally disabling for a period of at least ten years immediately preceding his death. Therefore, DIC under 38 U.S.C.A. § 1318 is denied.

The Board denied the veteran's claims for service connection for low back pain, sinusitis and bronchitis, as well as his requests for compensable ratings for left knee disability and hemorrhoids. The Board also found that there was no evidence of a nexus between any current disabilities and service.

The Board denied the veteran's claims for service connection for a low back disability, entitlement to TDIU, and an earlier effective date for non-service-connected disability pension.

The veteran's low back, right hip, and left hip disabilities are not service-connected. His right knee disability is currently rated as 10 percent disabling.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for aseptic necrosis of the right hip, finding that there was no evidence showing that the proximate cause of her condition was due to VA treatment or negligence.,VA also denied service connection for a low back disorder, concluding that the veteran's current low back disorder is not related to service.

The Board found no link between the veteran's current back disability and any incident of his active military service, thus denying the claim for service connection.

The Board has determined that the veteran's current back disability is not related to his period of service, and thus denied his claim for service connection.

The Board denied the veteran's claims for higher ratings for his pes planus, degenerative disc disease of the lumbar spine, right knee strain, right ankle strain, and left ankle strain. The current evaluations are found to be appropriate.

The Board has granted service connection for the veteran's bilateral ankle disorder, finding that it is as likely as not related to his in-service symptoms and findings. The remaining issues of service connection are remanded.

The Board has denied the veteran's claims for service connection for numbness and a blood clot in the right thigh, degenerative disc disease of the back, and adjustment disorder with depressed mood. The evidence considered at the time of the rating decision did not show these conditions during service.

The Board has determined that the veteran's back disorder is not related to his military service and denied his claim for service connection.

The Board found that the veteran's current back disorder is not shown to have been incurred in or aggravated by his active duty military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for higher disability evaluations based on either functional loss or limitation of motion.

The Board has determined that the veteran's service-connected lumbosacral facet dysfunction and degenerative disease warrants a 20 percent evaluation, effective September 9, 2004.

The Board has determined that the appellant's lumbar spine disability warrants a rating of 50 percent, but not more, effective from the date of his claim.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms have been mild to moderate in degree and do not meet the criteria for any additional evaluation.

The Board has determined that the veteran's claimed low back and bilateral knee disorders are not service-connected, as there is no evidence of such conditions during his active duty or within one year post-service. The continuity of symptoms after service was also not established.

The veteran's claims for service connection for peripheral neuropathy and a low back disability were previously denied, and the RO has declined to reopen these claims.