Back / lumbar spine decisions — 2007

The Board has determined that new and material evidence was submitted to reopen the claim of service connection for lumbosacral strain with spondylosis and rotary dextroscoliosis of the lumbar spine. However, the claim is denied on the merits as there is no new evidence relating the current disability to service.

The Board has determined that the veteran does not meet the threshold eligibility requirements for non-service-connected pension benefits due to his service not meeting the definition of a period of war. The claims for service connection for skin and back disorders have been denied as there is no competent medical evidence linking these conditions to military service.

The Board has determined that the veteran does not have a low back disability and therefore, service connection for this condition is denied.

The VA determined that the veteran's low back disability, rated as 10 percent disabling since August 9, 2003, does not meet criteria for a higher rating based on current functional impairment. The examiner found no incapacitating episodes and noted normal ranges of motion with no pain or neurological symptoms.

The Board denied the veteran's claim for an earlier effective date of TDIU due to his abandonment of a previous claim and because he was not found unemployable before May 3, 1995.

The Board has determined that the effective date for the TDIU award should be June 24, 1997, as this is when the veteran submitted evidence indicating he was unemployable due to service-connected disabilities.

The Board has reopened the veteran's claim of service connection for back disability due to new and material evidence submitted since the August 1981 decision. The Board also found that the veteran's degenerative joint disease and degenerative disc disease of the lumbar spine was incurred in service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The veteran's claims will be reconsidered after these actions.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, PTSD, and radiculopathy of the left lower extremity.

The Board denied the veteran's claims for service connection for bilateral knee, low back, and neck disabilities due to a lack of current medical evidence showing these conditions.

The Board denied the veteran's claims for service connection for a low back disorder and an increased rating for his skin disorder. The claim for service connection was not reopened due to lack of new and material evidence, and the skin disorder claim was also denied as it did not meet the criteria for a higher rating.

The Board has ordered additional development to obtain medical records and service personnel records in order to determine if the veteran's degenerative disc disease with scoliosis is related to his military service. The case will be returned to the Board for further consideration.

The Board denied the veteran's claims for service connection for a back disability, asthma, hypertension, and bilateral hearing loss disability. The claim of reopening the emphysema with bronchitis was also denied.

The Board has remanded the case due to outstanding medical questions regarding the veteran's back and muscle conditions in service, as well as post-service injuries. The claims will be adjudicated again based on this new development.

The VA determined that the veteran's service-connected low back disorder, characterized by chronic lumbosacral strain and disc disease, does not warrant a rating higher than 40 percent.

Service connection was not granted for an anxiety disorder due to overlap with PTSD. Increased ratings were denied for lumbar strain, patellofemoral pain syndromes of both knees, and hearing loss of the left ear.

The Board has granted service connection for pulmonary arterial hypertension and pulmonary embolism as secondary to PTSD. However, the evidence does not support a finding of primary pulmonary hypertension or chronic pulmonary embolism.

The Board has remanded the case for further development to determine when the veteran first requested that his claim for service connection for a low back disability be reopened.

The veteran's service-connected low back strain is now rated at 10 percent, effective from November 8, 2002. The secondary dysmenorrhea with history of uterine bleeding continues to be rated at 10 percent.

The veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under the applicable VA rating criteria.