Back / lumbar spine decisions — 2007

The Board is remanding the case for further development, including consideration of whether a previous denial of service connection for residuals of a head injury should be considered final and for obtaining additional records. The veteran's claims for service connection for residuals of a head injury and back disability will also be adjudicated.

The veteran's appeal is being remanded to the RO for additional development and consideration of his claims for service connection or residuals of a spinal tap, including cerebral spinal fluid leak with memory problems, headaches and loss of smell. The RO must ensure compliance with all VCAA notification requirements.

The veteran's appeal involves increased ratings for his service-connected knee and back disabilities, as well as an earlier effective date for the low back disability rating. The Board has ordered additional development to be completed in order to determine if a separate rating is warranted for left knee arthritis, obtain MRI scan results of the lumbar spine, review employment information, and provide medical opinions regarding the nature and etiology of his disabilities.

The Board has determined that the veteran's current back disability was not present in service or for many years afterward, and it is not etiologically related to service. Therefore, the claim of entitlement to service connection for a back disability is denied.

The Board has granted the petition to reopen the claim for service connection for a low back disability and remanded the issue on its merits.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death. The cause of death was listed as cerebrovascular accident, but there is no evidence linking this condition to any service-connected disability.

The Board has determined that the veteran's lumbar spine disability, including a bulging disc at L5-S1 level, was incurred in active service and grants service connection for this condition.

The veteran's claim for an increased rating for his service-connected low back strain with left-sided disc herniation was denied by the RO. The effective date is not specified.

The Board has remanded the veteran's claims for additional development and clarification of his allegations, including verification of in-service stressors related to PTSD. The claims are also being remanded to determine whether any current back disorder is related to service.

The Board denied the veteran's claims for service connection for diabetes mellitus, low back disability, degenerative joint disease of the knees, bilateral hearing loss, and tinnitus. The appeals were based on direct evidence rather than a presumption or secondary to another condition.

The Board has remanded the case due to a failure to afford the veteran an opportunity for a video-conference hearing. The appeal is now pending and will be addressed after the hearing.

The veteran's claim for an initial rating in excess of 40 percent for postoperative residuals of a herniated lumbar disc was denied. The issue regarding bilateral hearing loss resulted in a noncompensable evaluation.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder and a low back disorder, finding that neither condition is related to his military service.

The Board has remanded the case due to insufficient evidence regarding service connection for a low back disorder and post-traumatic stress disorder. The veteran's periods of active or inactive duty need to be verified, and additional medical examination is required.

The veteran's lumbosacral strain was rated at 10 percent prior to January 24, 2004 and at 20 percent from that date. The appeals for higher ratings were denied.

The Board has remanded the case due to incomplete information and need for further examination.

The veteran is seeking service connection for a back disorder that he claims was caused by an injury during his military service. The case has been remanded to obtain additional medical records and to conduct a VA examination.

The veteran's claim for an increased rating for his spinal disability is granted, and he is also granted service connection for a psychiatric disorder secondary to his service-connected disabilities.

The Board has determined that the veteran sustained a neck injury during service and now has residuals of this injury. However, there is no evidence to support a current low back disorder or its secondary relationship to his neck disability.

The Board denied the veteran's claims for service connection for right heel stress fracture, left heel stress fracture, sinusitis, PTSD, mood disorder not otherwise specified (claimed as depression), and back condition. The decision also noted that a VA examination of the feet was scheduled but the veteran did not appear.