Back / lumbar spine decisions — 2007

The veteran's claim for an initial rating in excess of 10 percent for chronic lumbar strain was denied.,The veteran's claim for an initial rating for GERD prior to October 27, 2005 was denied. The claim for a rating in excess of 30 percent for GERD beginning October 27, 2005 was also denied.,Claims for compensable ratings for chondromalacia of the right knee and hemorrhoids were not addressed as they are separate issues.

The Board denied an increased rating for the veteran's low back disability and denied entitlement to a TDIU based on his service-connected disability.

The veteran's bilateral foot strain and osteoarthritis of the lumbar spine are currently rated at their maximum allowable levels, with no further increase in rating possible under current criteria.

The Board has determined that the veteran's low back disorder is not due to his period of active service and therefore denied his claim for service connection.

The Board denied the reopening of a claim for service connection for lumbar disc syndrome and did not grant service connection for a respiratory disability.

The Board found that the veteran currently does not have a bilateral hip disorder and denied his claim for service connection. The low back disorder was also denied as secondary to service-connected right and left knee disabilities.

The veteran's service-connected disabilities are not shown to be productive of a disability picture that precludes her from securing and following some form of substantially gainful employment consistent with her education and work experience. The Board has determined that the veteran is capable of full-time employment, which does not meet the criteria for TDIU.

The Board denied the veteran's claims of entitlement to service connection for diabetes mellitus, degenerative disc disease of the cervical spine, and hypertension. The evidence did not show that these conditions were incurred or aggravated by active service.

The Board has denied the veteran's claim for service connection of a back disorder, finding that there is no competent medical evidence showing a nexus between his current back disorder and military service. The Board also found that arthritis did not manifest to a compensable degree within one year of discharge from service.

The veteran's low back condition, characterized by degenerative disk disease and spondylolisthesis, is currently rated at 20 percent. The Board found that the current manifestations do not warrant a higher rating.

The Board finds that the veteran's service-connected disabilities prevent him from being able to dress himself or avoid daily hazards without assistance, meeting the criteria for SMC based on need for regular aid and attendance.

The Board has determined that there is no evidence linking the veteran's current right foot or back disabilities to his service, and thus denied both claims.

The Board has remanded the case due to issues related to reopening service connection claims and determining whether a cervical spine disorder is service-connected. Additional evidence, including Social Security Administration records, must be obtained, and the veteran should be provided with proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board has reopened the veteran's claim of service connection for a chronic low back condition, but denied it on the merits. The evidence does not establish that his current condition is related to military service.

The Board has denied the veteran's claims for service connection for right hip pain and an increased rating for low back disability. The claim for TDIU is also denied as there is no evidence showing that the veteran is unable to secure or follow a substantially gainful occupation due to her service-connected disabilities.

The Board denied service connection for various conditions, including a lumbosacral strain, residuals of excision of warts on the right hand, residuals of frostbite of the nose, and fractures of the fingers and ribs. Service connection was also denied for hemorrhoids, heart condition, prostate cancer, and right ear hearing loss.

The veteran's claim for an increased evaluation of his service-connected lumbar strain is being remanded due to the need for a more current VA examination.

The veteran's claim for increased ratings for her service-connected disabilities has been granted. She is now rated at 40 percent for chronic lumbosacral fibromyositis with left L4-S1 radiculopathy and degenerative joint disease, effective from the date of the decision. For cervical fibromyositis with right C6 radiculopathy, she receives a 30 percent rating prior to May 19, 2003, and a 40 percent rating since that date.

The Board has denied all service connection claims as the evidence does not show a current disability or any link to service.

The veteran's initial ratings for cervical spine and right hip disabilities were denied, as the evidence did not support a higher rating based on current symptoms.