Back / lumbar spine decisions — 2007

The Board denied an earlier effective date for a 60% disability evaluation for low back strain with disc disease, finding no clear and unmistakable error in the decision.

The Board denied the appellant's request to reopen his claim for service connection of a back disability, finding that new and material evidence had not been received since the July 1997 rating decision.

The Board has reopened the veteran's claim for service connection for a low back condition and determined that new and material evidence has been submitted. The Board finds that the veteran had a current low back condition during his active duty service in 1990, including periods of ACDUTRA or INACDUTRA, which supports service connection.

The Board has granted a 40 percent rating for the veteran's service-connected low back strain since May 14, 2003. The maximum available under the revised criteria of Diagnostic Code 5237, effective September 26, 2003, was assigned.

The veteran's appeal was denied for various issues, including service connection claims and increased rating claims. The Board found that the evidence did not warrant a higher initial evaluation for PTSD or an increase in the left shoulder disability.

The Board denied the veteran's claims for service connection for arthritis and degenerative joint disease, bilateral hallux valgus, migraines, low back pain, gastrointestinal condition, pelvic inflammatory disease, herpes, and depression. The evidence did not establish a link between these conditions and her military service.

The Board has remanded the claims for further development due to incomplete service medical records and other missing evidence.

The Board has determined that the appellant does not require the aid and attendance of another person for her daily activities, including dressing, keeping herself clean, feeding herself, or attending to the wants of nature. Therefore, she is not eligible for special monthly pension based on the need for regular aid and attendance.

The Board denied service connection for arthritis of the lumbar spine, finding no evidence of a chronic disability during service or within one year after discharge. The veteran's current diagnosis was not established until years after service.

The Board has remanded the case due to insufficient evidence for service connection of lumbar spine decompression laminectomy and conflicting opinions on hip replacements. Further development is needed.

The Board denied the veteran's claims for increased evaluations for his left knee patellofemoral syndrome and lumbosacral strain, finding that the evidence did not support an evaluation in excess of 10 percent. The headaches claim was also denied as there is no compensable rating available under VA regulations.

The Board has determined that the effective dates for service connection and TDIU cannot be earlier than January 23, 1996 and February 28, 1996 respectively due to lack of legal basis or undisputed facts.

The Board denied the veteran's claim for service connection for a low back disability and granted an initial, noncompensable rating for chronic sinusitis with right deviated nasal septum. The veteran is seeking a higher initial rating for his sinusitis.

The Board has determined that the veteran's lumbar disc disease is attributable to service and grants the claim for service connection.

The Board has remanded the veteran's claims due to further development of evidence being required. The appeals for service connection for heart and back disabilities, as well as for a psychiatric disability, are pending.

The Board has determined that additional evidence is needed to adjudicate the veteran's claims, including SSA records and a VA examination for his knee disabilities.

The Board has reopened the claims of service connection for low back and right leg disabilities, but denied reopening of the claim for left eye disability due to lack of service-connected low back disability. The decision is mixed as it reopens some issues while denying others.

The Board has remanded the case for additional development, including a new VA examination to assess the veteran's current right shoulder and low back conditions. The claims of entitlement to an initial evaluation greater than 20 percent for status post right shoulder reconstructive surgery from December 1, 2003, and service connection for a chronic low back disability are pending.

The Board has denied the veteran's claims for service connection for hemorrhoids, low back pain and chronic degenerative arthritis, vertigo, and onychomycosis hyloma. The conditions are not shown to be related to his military service.

The Board has determined that the veteran does not have current diagnoses of hearing loss, tinnitus, hypertension, or a back disability. The claims for service connection are therefore denied.