Back / lumbar spine decisions — 2007

The Board denied service connection for hypertension with nephrotic syndrome, low back disorder, and major depression with psychotic disorder. The evidence did not establish a direct link to service or any presumptive conditions.,There is no medical evidence linking the veteran's current disabilities to his military service.

The veteran's claim for service connection for PTSD was denied as the evidence does not support a current diagnosis of PTSD.,Service connection for Degenerative Joint Disease of the Lumbar Spine was also denied due to the lack of evidence showing chronic disability during or following service.

The Board found that the evidence did not show a diagnosed back disability and denied service connection for a back disability. The veteran's claims of bilateral hand arthralgias, GERD, and acne were also addressed but are being remanded.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge (VLJ) sitting at the RO. The case will be processed in accordance with standard appellate practices.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with radiculopathy was not incurred in or aggravated by service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a stomach disorder, claimed as secondary to a left knee disorder. However, the claims for right hip disorder, lumbar spine disorder, and cervical spine condition have not been substantiated.

The veteran's request for service connection for a lumbar spine disability is being remanded due to the need for a Travel Board hearing.

The Board finds, by resolving all doubt in the veteran's favor, that service connection for a back disability is warranted as it is related to his military service.

The Board has reopened the veteran's claim of service connection for chronic hypertension and granted a 20 percent evaluation for his lumbosacral spine disability. The initial evaluation in excess of 10 percent for right lower extremity radiculitis was also granted, as were increased evaluations for weight gain and cushingoid habitus.

The veteran's service-connected low back disability has been used to qualify for additional vocational rehabilitation services, and he is now employed in a related occupation.

The veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposes L5-S1 with degenerative disc disease is being remanded due to the need for a new VA examination.

The Board has reopened the previously denied service connection claims for cervical spine disability, sinusitis, irritable bowel syndrome, lumbar spine disability with lower extremity paresthesia, dizziness and vertigo, fatigue, fever, cardiovascular disorder (heart racing), cold sores, and night sweats. The claims are granted as presumptively related to Gulf War service exposure.

The veteran's low back disorder is service-connected as secondary to his service-connected right knee disability.

The Board has determined that the veteran does not have current low back or left wrist disabilities that began during service. The claims of entitlement to service connection for these conditions are denied.

The veteran's lower back disability is currently rated at 40 percent, effective December 2002. The rating was granted as the evidence met criteria for a severe lumbosacral strain.

The veteran's claims for increased evaluations of his cervical spine and lumbar spine disabilities have been granted, with the cervical spine disability receiving a 20% evaluation effective October 21, 2005.

The Board found no evidence to support the veteran's claim that his low back disability had its onset during service or is related to any in-service injury, and denied the claim for service connection.

The veteran's claim for an increased evaluation of his lumbar spine disability is being remanded due to the need for a new VA examination to assess the current nature and severity of his service-connected conditions.

The veteran's service-connected residuals of a head injury are linked to his in-service head trauma, and the Board has granted service connection. However, the claim for an increased rating remains denied as there is no evidence of multi-infarct dementia associated with brain trauma.

The veteran's appeals for increased evaluations have been dismissed as he has withdrawn his appeal with respect to these issues.