Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for increased ratings for his service-connected status post mechanical lumbosacral sprain, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 9, 2004 and from January 9, 2004 forward.

The Board found that the submitted evidence was not new and material, thus denying the veteran's request to reopen his claim for service connection for a back disability.

The Board denied the veteran's claims for service connection for hearing loss and an increased evaluation for his lumbosacral spine disorder. The claim for hearing loss was denied as there is no evidence linking current hearing loss to military service, while the claim for a higher rating for lumbosacral spine disability was granted based on moderate incomplete paralysis of the sciatic nerve.

The veteran's appeal is being remanded due to the need for a hearing before a member of the Board.

The Board denied service connection for degenerative disc disease of the cervical and lumbar spine, finding that it was not incurred or aggravated by active service.,Degenerative disc disease of the cervical and lumbar spine is not related to a service-connected condition.

The veteran seeks service connection for a back disability, but the case is remanded due to incomplete information and need for further examination.

The veteran's service-connected chronic low back pain with a herniated nucleus pulposus at L5-S1 results in an inability to obtain or retain substantially gainful employment due to the severity of his disability and limited education/work experience.

The VA determined that the veteran's service-connected back disability does not warrant a rating higher than 20 percent.

The Board has denied the appellant's claims for service connection for a left foot condition, a left shoulder condition, a scar on the left bicep, and a lower back disorder due to lack of evidence linking these conditions to service.

The Board dismissed the appeal due to the death of the appellant.

The Board has determined that the veteran's back disability did not have its onset during active service or result from disease or injury in service. Therefore, the claim for service connection is denied.

The Board denied the veteran's claims for service connection for a lumbar spine disorder and an initial evaluation in excess of 30 percent for Meniere's syndrome, finding that there was no evidence linking these conditions to his active military service. The claim for entitlement to a total rating for compensation purposes based upon individual unemployability was also denied.

The veteran's irritable bowel syndrome is currently rated at 30 percent, the maximum schedular rating available.

The veteran's widow filed a claim for accrued benefits, but the claim was denied because it was not submitted within one year of her husband's death.

The veteran's claims for earlier effective dates and TDIU were denied as the evidence did not support an earlier date of entitlement to service connection.

The Board has denied the veteran's claims for service connection for a back disability and PTSD. The denial is based on lack of evidence to support the claimed in-service stressors, as well as the absence of combat duty or verified in-service stressor.

The Board has remanded the case for further development, including a VA examination to assess the veteran's spinal disabilities and arthritis/fibromyalgia. The issues of increased ratings for lumbar strain and cervical strain are pending, as is the issue regarding service connection for arthritis/fibromyalgia.

The Board has remanded the case due to errors in previous decisions and a need for new and material evidence to reopen the claim of service connection for a back disorder.

The Board found that the reduction in the disability rating for lumbar spine strain from 20 to 10 percent was proper, and denied the claim for a total disability rating based on individual unemployability (TDIU).

The Board has determined that there is no evidence of a current diagnosis of vascular disease of the right lower extremity and finds that service connection for this condition is not warranted. The claim for service connection for a back disability, secondary to PTSD, will be remanded due to procedural issues.