Back / lumbar spine decisions — 2007

The veteran has withdrawn all of his claims before the VA.

The veteran's claims for service connection for bilateral pes planus and a low back disorder are being remanded due to the need for further development, including medical examinations.

The Board found no evidence of a low back disability during service and concluded that the current degenerative disc disease is not related to service. The claim for service connection was denied.

The Board has denied the veteran's claims for service connection of back disability, psychiatric disability, acid reflux, chronic bronchitis, and hepatitis C. The evidence does not establish a link between these conditions and his military service.

The Board denied the veteran's claims for increased rating for PTSD and service connection for low back disorder and bilateral shoulder disorders due to lack of medical evidence linking current disabilities to his military service.

The Board has remanded the case due to incomplete records and the need for further examination. The appellant's claim is related to whether new and material evidence has been received to reopen a service connection claim for lumbosacral strain.

The veteran claims that his low back disability became worse as a result of surgery at a VA facility in January 2003. The case is being remanded to evaluate the claim under 38 C.F.R. § 3.361, which requires showing either negligence or other deviation from a legal duty.

The Board found that the veteran's degenerative disc disease of the lumbar spine did not warrant an evaluation in excess of 20 percent at any time, as it did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for various disorders, finding that there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the veteran's low back disability is service-connected, but his bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Board granted a higher rating of 40% for the veteran's service-connected low back disability, and found that his depression is secondary to his low back disability. The TDIU claim was remanded due to the need for further consideration after assigning a rating for the newly service-connected depression.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of the veteran's claimed degenerative disc disease. The claim will be reconsidered based on all evidence of record.

The Board found that the veteran does not have a deviated nasal septum and denied service connection for this condition. The other claims were also denied.

The Board has denied the veteran's claims for service connection for a major depressive disorder and a back disorder, finding no evidence of such conditions during active duty or within one year post-service. The appellant was not diagnosed with these conditions until several years after separation from military service.

The Board has determined that the veteran's mechanical low back pain was not incurred in or aggravated by his active military service.

The Board has remanded the case due to the need for further development, including a medical opinion regarding whether the veteran's service-connected disabilities contributed to his suicide.

The claims of service connection for residuals of a neck injury and residuals of a low back injury have been reopened.,Tinnitus was not incurred in or aggravated by service.

The Board has determined that a compensable rating is not warranted prior to September 26, 2003, and a 10 percent rating is warranted from September 26, 2003, thru August 30, 2005.

The veteran's claims for increased ratings and an earlier effective date are being remanded due to the need to consider whether there was clear and unmistakable error in a prior rating decision, obtain additional medical records, and provide the veteran with a new examination.

The Board has determined that the veteran's current low back disability is not related to his period of active duty service and therefore denied the claim for service connection.