Back / lumbar spine decisions — 2007

The Board denied the veteran's claims of CUE in a 1998 rating decision and for an earlier effective date, finding that there was no clear and unmistakable error and that the claim should not be reopened.

The Board denied an increased evaluation for degenerative disc disease of the thoracolumbar spine, finding no evidence of unfavorable ankylosis or incapacitating episodes. The claim was not about service connection.

The Board has remanded the case for additional development due to a failure to provide proper VCAA notice.

The Board found that the veteran does not have a lumbosacral strain secondary to an epidural anesthetic associated with his period of service, and therefore denied the claim for service connection.

The Board has granted the veteran's request to reopen her claim for service connection of a cervical spine disability, previously denied in August 1991. The appeal is remanded to further develop evidence related to this issue.

The Board denied the veteran's claim as VA was entitled to recoup special separation benefits from his disability compensation.

The Board found no evidence of a current low back disability (aside from scoliosis) and denied service connection for the veteran's claimed low back disability, excluding scoliosis. Service connection was also denied for scoliosis.

The veteran's claim for an increased rating for low back strain is being remanded due to incomplete records and the need for proper VCAA notice.

The Board has denied the veteran's claims of service connection for a back disability, nerve damage, and a bilateral ankle disability due to lack of medical evidence showing these conditions are related to service.

The Board denied service connection for a back disability and a left leg disability, finding that the veteran did not have chronic disabilities of these areas that began in or were aggravated by active service.

The veteran's claim for an increased rating for her lumbar spine disability was denied, and the claim for service connection for renal cancer status post nephrectomy was also denied. The RO found that there was no evidence of a current disability or persistent symptoms related to service, and the veteran did not meet the criteria for service connection due to exposure to ionizing radiation.

The veteran does not meet the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his combined evaluation of 90 percent and lack of objectively demonstrated loss or use of either lower extremity.

The VA denied the veteran's claims for an increased evaluation for his right knee disability and service connection for stomach ulcers, gastritis, lumbosacral strain, and asthma. The medical evidence did not show that the veteran's service-connected right knee disability met or approximated the criteria for a higher evaluation under any applicable diagnostic codes.

The Board has determined that the veteran does not have degenerative disc disease of the lumbar spine, hearing loss, or tinnitus that are related to his military service.

The veteran's claims for service connection and secondary service connection are being remanded due to the need for additional medical opinions and development of evidence.

The Board has determined that the veteran's claimed bilateral knee disorder and low back and right hip condition are not etiologically related to service or a service-connected disability.

The Board has determined that the veteran withdrew his appeals for hepatitis A, an increased disability evaluation for diabetes mellitus with diabetic retinopathy of the right eye, and a compensable disability evaluation for impotence. The claim for arthritis of the lumbar spine remains pending.

The veteran's appeal is being remanded to the RO for a hearing before a traveling Veterans Law Judge at the RO in Phoenix, Arizona. The case will then be returned to the Board for further appellate review.

The Board has determined that new and material evidence has been submitted to reopen the veteran's previously denied claims for service connection for second degree pes planus and systolic murmur. However, no new and material evidence was found to support his claim of service connection for a low back disability.

The veteran's lumbosacral spine disability was rated at 40 percent since August 1, 2002. The cervical fusion of the C5-6 and C6-7 spine was increased to 40 percent effective July 27, 2000, with a temporary total rating from January 19, 2005, to March 31, 2005.