Back / lumbar spine decisions — 2007

The VA denied the veteran's claim for an evaluation in excess of 30 percent for residuals of a chip fracture, fourth lumbar vertebra.

The veteran's claim for an increased rating for osteochondroma of the posterior aspect of the proximal right tibia was denied. The claims to reopen service connection for a right shoulder disability, low back disability, and right hip disability were also denied. Service connection for a left shoulder disability is addressed in the REMAND portion of this decision.

The Board denied service connection for a back disability, including scoliosis of the thoracic spine and/or lumbar spine sciatica. The claim was not reopened for flat feet.

The Board has ordered additional development of the veteran's claim for service connection for a low back condition, including a herniated disc. The case is being remanded to obtain private medical records from various healthcare providers and to provide the veteran with another chance to submit these records.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative arthritis of the spine with chronic lumbar strain, maintaining a 20 percent disability rating.

The Board denied the veteran's claims for service connection for a left eye condition, cervical spine condition, low back condition, bilateral varicose veins, and scoliosis of the thoracic spine. The reasons were that there was no evidence linking these conditions to his military service or to any service-connected disabilities.

The veteran's appeal includes claims for special monthly compensation, an increased rating for lumbosacral strain, a retroactive effective date for his total evaluation for schizophrenia and related conditions, and service connection for a bilateral leg condition as secondary to any service-connected disability. The Board has ordered these issues remanded for further development.

The veteran's appeal is being remanded for additional development of the claims file, including obtaining missing evidence and clarifying the type of hearing he desires before the Board.

The Board has denied the veteran's claims for service connection for a low back disability and an initial compensable evaluation for bilateral hearing loss, finding that there is no evidence to support these claims.

The Board has reopened the veteran's claim of service connection for PTSD and determined that new evidence supports a diagnosis of PTSD related to in-service stressors. The lumbar spine disorder is found to be secondary to the service-connected right ankle disability, with an opinion indicating a 50% or better probability that the current condition was caused by the April 2005 fall injury.

The veteran has withdrawn his appeal regarding the increased rating for residuals of a low back injury, and thus the case is dismissed without prejudice to refiling.

The Board denied the veteran's claims to reopen his service connection claims for arthritis of the lumbar spine and diabetes mellitus, type 2 due to lack of new and material evidence.

The VA determined that there is no competent medical evidence linking the veteran's current low back disorder to his service, and thus denied his claim for service connection.

The veteran died in March 2006 and was rated as totally disabled due to service-connected disabilities from June 10, 1997. However, the veteran did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied an increased rating for the veteran's service-connected arthritis of the lumbar spine, finding that the evidence did not meet the criteria for a higher rating under either the old or new criteria.

The Board of Veterans' Appeals found that the veteran's chronic back and leg disorders, including muscle injuries, were not incurred in or aggravated by active military service.

The Board found that the evidence does not support a finding of service connection for a back disorder, as there is no medical evidence linking the current condition to an in-service injury or any other link to military service.

The Board denied the veteran's claims for service connection for residuals of a fracture of the right calcaneus and degenerative disc disease of the lumbar spine, finding that there was no evidence to support these claims.

The Board has remanded the case for further examination to address both a low back and left foot disorder, as well as to determine if service connection can be established.