Back / lumbar spine decisions — 2007

The Board found that the veteran's brief period of military service did not cause or aggravate his current lumbar spine condition, which was congenital and unrelated to any in-service injury. The VA examiner concluded there was no evidence linking the veteran's back pain during service to his current disability.

The Board denied the veteran's claims of service connection for degenerative disc disease and bipolar disorder, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the veteran's appeal is now in appellate status for restoration of a 40 percent disability rating for low back strain. The case must be returned to the RO for further review and consideration under applicable laws and regulations, including discussion of relevant VA regulations.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbar spine and for reopening his previously denied claims for bilateral hearing loss, post-traumatic stress disorder, and bipolar disorder due to lack of evidence showing a direct relationship between these conditions and service.

The veteran's low back disability warrants a 40 percent rating, but not higher.

The Board found no current disability of the low back condition and denied service connection for a low back condition, as secondary to service-connected bilateral knee disabilities.

The Board denied service connection for the veteran's low back disorder and found that his spouse was not entitled to pension benefits due to her income exceeding the maximum allowable amount.

The Board denied the veteran's claims for service connection of a back condition, an increased rating for his schizophrenia, and TDIU. The evidence did not establish that any current disability is related to military service.

The veteran's claim for a rating in excess of 40 percent for arthritis of the lumbar spine is denied as there is no showing of ankylosis, severe intervertebral disc syndrome, or incapacitating episodes over a 12-month period.

The Board has reopened the veteran's claims for service connection for hearing loss, degenerative joint disease of the right knee, and mild lumbar strain. However, it was not established that these conditions were aggravated by military service or related to any in-service event.

The Board found no evidence of a low back injury or disease in service and concluded that the veteran's current low back disability is not related to his military service. The claim for service connection was denied.

The Board has remanded the case for additional development, including medical opinions and consideration of new evidence.

The Board has determined that the veteran's low back disability, which is currently rated at 40 percent, warrants a higher rating of 60 percent due to persistent symptoms compatible with sciatic neuropathy and severe limitation of lumbar spine motion.

The Board denied the veteran's service connection claims for tinnitus, back disability, and groin/lower abdominal disability. The decision found no new and material evidence to reopen these claims.

The Board has granted a 20 percent rating for the veteran's lumbosacral strain with DDD and degenerative changes of the dorsal spine, status post L5-S1 fusion since January 18, 2002.

The veteran's appeal for service connection for thoracic/lumbar spine disorder and cervical spine disorder has been withdrawn. The Board does not have jurisdiction to consider this matter.

The Board denied a rating in excess of 40 percent for the veteran's degenerative disc disease of the lumbar spine and denied reopening his claim for service connection for bilateral hearing loss.

The veteran's claims for VA compensation under 38 U.S.C.A. § 1151 and special monthly pension based on need for regular aid and attendance of another person or at the housebound rate were denied due to lack of additional disability caused by VA treatment in January 2000.

The veteran's left foot disability is rated at 30 percent, and his low back disability warrants a 40 percent rating. Service connection for the left shoulder disability was granted but not evaluated further.

The Board has remanded the case to the RO for consideration of the veteran's increased rating claims on an extraschedular basis under the provisions of 38 C.F.R. § 3.321(b)(1).