Back / lumbar spine decisions — 2007

The Board has determined that the veteran's low back disorder is not service-connected and his bilateral pes planus does not warrant a higher rating.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is not related to his military service and therefore denied his claim.

The Board denied service connection for the veteran's claimed back condition, gland condition, gout, hypertension, and diabetes mellitus. The claims were based on direct evidence rather than a presumption or secondary relationship to service.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active military service and denied his claim.

The Board found that the veteran's left knee disorder was not incurred in or aggravated by service. The claims for right knee, low back, and headaches were all denied as new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no competent medical evidence linking his current back disorder to his military service or any event thereof.

The veteran received a higher initial noncompensable rating (10%) for his low back disability as of March 22, 2004. Prior to that date, he had been rated at zero percent.

The Board has granted the request to reopen the claim for service connection for lumbosacral strain, but has remanded the case for further development and adjudication on the merits.

The Board denied the veteran's claims for service connection for a psychiatric disorder, pes planus, left hip disorder, low back disorder with retrolisthesis of L5-S1 and degenerative joint disease, and bilateral ankle disorders. The denial is based on the lack of medical evidence linking these conditions to his service or service-connected disabilities.

The Board has denied the veteran's claims for service connection for headaches, a prostate condition, VA outpatient dental treatment, and irritable bowel syndrome. The claim for asbestosis is pending due to an incomplete record of in-service asbestos exposure.

The Board found that new and material evidence had not been presented to reopen the veteran's claim for service connection of a peroneal nerve disorder. The appeal regarding an increased rating for lumbosacral strain with degenerative disc disease was denied as well, due to lack of incapacitating episodes or ankylosis of the spine. The TDIU issue was not addressed.

The Board dismissed the veteran's claims of entitlement to service connection for right and left knee disorders, as well as his claim for degenerative disc disease of the spine. The Board also found that there was no evidence linking the veteran's current asthma, shortness of breath, and allergies to asbestos exposure during service.

The Board denied the veteran's motion to revise or reverse a previous decision denying an effective date prior to December 3, 1990 for service connection of degenerative joint disease of the lumbar spine. The Board found that there was no CUE in this decision.

The veteran's attempts to reopen claims for service connection for right ankle, low back strain, and residuals of a fracture of the right femur with involvement of the right hip were denied. The evidence did not raise a reasonable possibility of substantiating these claims.

The veteran's claim for service connection for fibromyalgia and an initial compensable evaluation for low back disability was denied. The Board found that there is no current diagnosis of fibromyalgia, and the evidence does not support a grant of service connection for this condition.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death due to hypoxia caused by aspiration pneumonia as a consequence of Parkinson's disease.

The Board has granted the veteran's claims for increased evaluations for his mood disorder, hepatitis, and residuals of meningitis. The mood disorder is currently rated at 70 percent, hepatitis at 30 percent prior to December 10, 2003, and 40 percent from that date onwards. Residuals of meningitis are rated at 10 percent.

The Board denied the veteran's claims for service connection of an acquired psychiatric disorder and a rating higher than 20 percent for his low back disorder. The Board found that there was no nexus linking the current conditions to military service.

The Board has denied service connection for a back disability, left leg disability (including below-the-knee amputation), and lung disability. The left leg disability is related to in-service cold injury residuals.

The Board has remanded the veteran's claims for additional development due to incomplete information and need for medical opinions.