Back / lumbar spine decisions — 2007

The veteran's claim for service connection for purpose of obtaining VA dental treatment for periodontal disease was denied as the evidence did not meet the criteria for eligibility under VA regulations. The claims for lumbar and cervical spine disabilities, and residuals of cold injury of the feet (immersion) were also denied due to lack of new and material evidence.

The Board has granted a rating of 20 percent for the veteran's lower back disability and a rating of 10 percent for his sigmoid colon resection/diverticulitis, both under the criteria for direct service connection.

The Board found that the veteran's low back strain with degenerative disc disease does not warrant a rating in excess of 20 percent.

The veteran's claim for a higher rating prior to May 19, 2003 was denied as his disability did not meet the criteria for a rating higher than 10 percent.

The Board has denied the veteran's claim for service connection for bilateral shin splints and remanded her claims for increased ratings of low back strain and right great toe injury residuals.

The veteran's service-connected right fibula fracture and left knee strain are currently rated at the minimum levels. Service connection for lumbar and thoracic strains, as well as left shoulder strain, is granted.

The veteran's claims for bilateral hearing loss, broken nose, back disorder, and left leg disorder are all denied. The claim for a compensable rating for residuals of fracture of the fifth finger of the left hand remains pending.,Service connection was granted for a noncompensable rating for residuals of fracture of the fifth finger of the left hand.

The Board found that the veteran's service-connected foot and spine disabilities do not warrant an evaluation in excess of 10 percent or a compensable rating for his left foot disability, based on the evidence showing no significant functional impairment.

The VA determined that the veteran does not have additional low back disability as a result of their June 2002 surgery, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's back disability and bilateral leg disability were not incurred or aggravated by his active service. The evidence does not establish a direct connection to service, nor is there any indication of chronicity in service.

The veteran's claim for an increased initial rating for his service-connected traumatic injuries to the lumbosacral spine with chronic lumbosacral strain and subsequent multilevel degenerative disk disease was granted, with a 20 percent disability rating effective October 21, 2002.

The Board has reopened the veteran's claim for service connection of a low back disability and granted a compensable evaluation for residuals of tonsillectomy. The evidence received since the last final denial supports a finding that the veteran incurred his current low back disability in service.

The Board has determined that the veteran's right knee replacement and back disability are secondary to his service-connected left knee disability.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from May 1996 to January 2001 is denied. The Board found that the remaining expenses were not rendered in a medical emergency and VA facilities were feasibly available.

The Board has determined that the veteran's lumbosacral spine disability is related to his service, and thus granted service connection for this condition. The cervical spine disability was not addressed in the decision.

The veteran's lumbar spine disability is rated at 20 percent, and his right and left knee disabilities are each rated at noncompensable. The subluxation/instability of the left knee was granted a separate 10 percent rating effective from November 22, 2005.

The Board has dismissed the veteran's appeal for service connection due to his failure to respond to requests for post-service medical records within a year of being notified.

The Board found that the veteran's right knee, left knee, and low back disabilities were not incurred or aggravated by his active duty service. The appeals for these conditions have been denied.

The Board denied service connection for hypertension and a low back disorder, finding that there was no chronicity of symptoms in service or post-service. The veteran's current conditions are not related to his period of active service.

The Board denied the veteran's claims for initial evaluations of his lumbar strain, right knee disability, residuals of a fracture of the middle finger of the right hand, trochanteric bursitis of the right hip, cubital tunnel syndrome of the right elbow, cubital tunnel syndrome of the left elbow, cluster headaches, and psedudofolliculits barbae (PSB).