Back / lumbar spine decisions — 2007

The Board finds that the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled from service-connected disabilities for 10 continuous years immediately preceding death nor was he totally disabled continuously after discharge for a period of service not less than 5 years immediately preceding death.

The Board has determined that the veteran's spine fracture residuals meet the criteria for a 40 percent rating, but no higher, due to severe limitation of motion and pain.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain is being remanded due to the need for a new VA examination and additional VCAA notice.

The Board has reopened the veteran's claims for service connection for various lower extremity and hand disorders, finding that new and material evidence has been submitted. The back disorder is found to have been incurred in service.

The Board has determined that there is no medical evidence showing a left leg disability, and thus the veteran's claim of service connection for this condition is denied.

The veteran's claims for increased ratings for his low back disability are being remanded to the RO for additional development, including obtaining updated treatment records and arranging for a VA examination if necessary.

The Board found no evidence of a chronic low back disability during service and concluded that any current lumbar spine condition is not related to service. The claim for bilateral hearing loss was remanded due to procedural issues.

The veteran's bilateral foot, right knee, and low back disabilities were evaluated by the VA. The claims for increased ratings were denied as the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's low back disability, including arthritis, was not incurred in or aggravated by active military service and may not be presumed due to his period of service. The evidence does not support a finding of a relationship between the veteran's current condition and his military service.

The Board dismissed the veteran's appeal due to a lack of timely substantive appeal for the January 2002 rating decision denying an increased rating for lumbosacral strain. The case was remanded for further development and examination.

The veteran's low back disability is rated at 60 percent since June 3, 2004. The left foot condition is currently rated at 30 percent since June 3, 2004.

The veteran's service-connected disabilities do not prevent him from securing and following all forms of substantially gainful employment.

The Board denied the veteran's claim for service connection for a low back condition, including spondylolisthesis of the lumbar spine with strain and degenerative changes, finding that his preexisting condition did not worsen during service.

The veteran's claims for increased evaluations were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has remanded the veteran's claims due to changes in rating criteria for spine and scar disabilities, requiring readjudication under both old and new criteria.

The veteran's service-connected degenerative disc disease of the lumbar spine was granted a 40 percent rating effective September 28, 2006.

The Board denied service connection for bilateral hearing loss, low back condition, and peripheral neuropathy of the upper extremities. The evidence did not support a finding that these conditions were incurred during active service or related to inservice noise exposure.

The Board has reopened the claim for service connection for a disorder affecting the great toes of the feet and remanded other issues. The new evidence includes VA treatment records, a March 2002 examination, and an August 2004 letter from the veteran's podiatrist.

The veteran's low back strain is currently rated at 20 percent, the highest available rating under the old criteria. The new criteria do not apply as his claim was pending before the amendment.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for loss of use of a reproductive organ, finding that there was no evidence showing VA carelessness or negligence caused the disability.