Back / lumbar spine decisions — 2007

The VA determined that the veteran's DDD with residuals of lumbosacral strain did not warrant a rating in excess of 20 percent prior to September 13, 2006. After this date, it also found no basis for an increased rating.

The Board has remanded the case to the RO for further development and readjudication due to procedural deficiencies in the previous decision.

The veteran's low back disorder is rated at 60 percent effective July 1, 2001. The claim for gastritis was granted with a 10 percent initial evaluation effective January 14, 2002. TDIU was granted effective April 13, 2004.

The Board found that the veteran did not incur any residuals or damage to his low back or right lower extremity, including his right foot, due to VA recommended physical therapy traction treatment in December 2001 as there was no showing of carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA treatment providers.

The Board denied the veteran's claims for increased ratings for his lumbar and cervical spine disabilities, finding that the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has determined that the veteran's current cervical and lumbar disabilities are service-connected, with no presumption or secondary connection involved.

The veteran's appeal is remanded for additional development, including scheduling VA examinations and obtaining medical records.

The veteran is seeking service connection for a low back condition, which he claims is related to his service-connected bilateral pes planus. The case has been remanded due to the need for an examination to determine if the current low back disorder is due to or aggravated by the service-connected bilateral pes planus.

The Board has denied the veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbosacral spine, currently evaluated at 40 percent.

The Board has determined that the veteran's low back disability warrants a 60 percent disability rating, effective as of June 2003.

The Board has determined that the veteran did not file timely substantive appeals for his claims of increased rating and earlier effective date for TDIU. As a result, these issues are dismissed.

The veteran's low back disability is currently rated at 40 percent for the period beginning June 8, 2007. The RO has granted a higher rating than previously assigned.

The Board found that the veteran's current low back disorder was not present until many years after service and there is no competent evidence linking it to service. Therefore, the claim for service connection was denied.

The VA has determined that the veteran's degenerative disc disease of the lumbosacral spine warrants a rating of 40 percent, which is already the maximum schedular rating available under current criteria.

The Board denied the veteran's claim for an effective date prior to October 6, 2003 for service connection of degenerative disc disease, lumbosacral spine L5-S1. The decision found that the earliest date of receipt of a reopened claim was October 6, 2003, and thus no earlier effective date could be assigned.

The Board has granted the veteran's claim to reopen his service connection for a low back disability, finding that new and material evidence was received. The Board also found that the veteran's pre-existing low back disability was aggravated during active duty service.

The Board has reopened the veteran's claims for service connection for back disability, multiple joint pain, skin disability (groin rash and fungal infection of the feet), and disorder of the pancreas (claimed as pancreatitis). The additional evidence submitted since January 1995 is sufficient to reopen these claims.

The Board denied an evaluation in excess of 10 percent for coccyx contusion and denied service connection for lumbosacral disc disease. The veteran's appeal is pending on the issue of service connection for lumbosacral disc disease.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's previously denied claims for service connection for various disabilities.

The Board denied the veteran's claims of service connection for various conditions, including anxiety disorder, right knee disorder, low back disorder, bilateral hip disorder, and urological disorder. The decision also addressed compensation under 38 U.S.C.A. § 1151 for chronic sinus infections, arthritis, balance problems, bone loss in the upper left jaw, hearing loss in the left ear, and excessive tearing of the eyes.