Back / lumbar spine decisions — 2007

The Board has remanded the case due to the need for a VA examination and further development of the claim.

The Board has determined that additional development is needed for the veteran's claims, including reviewing new VA treatment records and providing proper notice regarding what constitutes new and material evidence.

The veteran's claim for an increased evaluation of his service-connected low back disability is being remanded to obtain additional medical records and to schedule the veteran for a VA examination.

The Board found that the veteran's back condition did not begin during service and is not related to any in-service injury or event. As a result, the claim for service connection was denied.

The veteran's claims for service connection and increase rating have been granted. The low back disability, shrapnel wound scar of the left ear, and depressed shrapnel wound scar on the forehead are all found to be related to service.

The Board denied the veteran's claims for service connection for right and left knee conditions and a low back condition, finding no competent evidence linking these conditions to his military service.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for his chronic acquired low back disorder and for an earlier effective date for TDIU.

The VA denied the veteran's claims for increased disability ratings for his service-connected traumatic residuals of the lumbar and thoracic spine with degenerative arthritis, as the evidence did not meet the criteria for a higher rating.

The Board has determined that the veteran's current degenerative disc disease with chronic low back pain is not related to his active service, and thus denied his claim for service connection.

The Board has remanded the claims for additional development due to new evidence submitted by the veteran.

The Board has determined that the veteran's claims for service connection and TDIU have been denied. The claim for service connection for a low back disability was previously denied, and no new and material evidence has been submitted to reopen it. There is also insufficient evidence to establish a bilateral hip disability as secondary to a low back disability or due to any other service-connected condition.

The Board has granted a 30 percent rating for non-specific folliculitis, effective from May 1978. The veteran's service-connected skin condition remains at this level.

The veteran's low back disability, currently rated at 30 percent, is manifested by limitation of motion and complaints of pain. The evidence does not support a higher rating based on the current criteria.

The Board found new and material evidence to reopen the claims, but determined that there is no direct service connection for either back disorder or left knee disorder. The preponderance of the evidence does not support a finding that these conditions are related to service.

The Board granted a higher initial rating of 20 percent for the veteran's degenerative disc disease (DDD) of the cervical spine on and after September 26, 2003, but denied service connection for Raynaud's phenomenon.

The Board denied the veteran's claims for service connection for bilateral pes planus and a back disorder secondary to pes planus, finding no new and material evidence presented. The Board also found that there was insufficient evidence to establish service connection for either condition.

The Board has reopened the veteran's claim for service connection of a low back disorder and granted it, finding that new evidence supports the claim.

The Board found that the veteran's hypertension, which was initially documented many years after his discharge from military service, is not related to a disease contracted or an injury sustained in service. The claim for service connection for hypertension was denied.

The Board denied the veteran's claims for service connection for various conditions, including atherosclerotic heart disease, peptic ulcer disease, osteoarthritis, rheumatoid arthritis, low back disorder, chronic obstructive pulmonary disease (COPD), and emphysema. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The veteran's TDIU claim is being remanded for additional development, including a VA examination and submission to the Director of Compensation and Pension Service for extra-schedular consideration.