Back / lumbar spine decisions — 2007

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence, but denied the claim for sinusitis.,There is no persuasive medical evidence showing a current diagnosis of sinusitis.

The veteran's initial rating for residuals of multiple neck strain injuries, with traumatic arthritis and degenerative disc disease of the cervical spine is granted at 60 percent prior to September 23, 2002. The combined initial rating since September 23, 2002 is granted at 80 percent.

The Board has determined that the veteran's post-operative left knee anterior cruciate ligament tear is due to an in-service injury and grants service connection for this condition. The issue of service connection for a low back disorder remains pending.

The Board denied the veteran's claim for an evaluation in excess of 40 percent for his service-connected ankylosing spondylitis of the lumbosacral spine with kyphosis of the thoracic spine, finding that the schedular criteria did not meet the requirements for a higher rating.

The Board found that the veteran's current low back problems did not date from his service in the early 1980s, but rather began following a work-related injury in 2001. As such, service connection for these conditions is denied.

The veteran's service-connected disabilities do not render him helpless as to require the need for aid and attendance of another person or being permanently housebound.

The Board has denied the veteran's claims of service connection for low back and right ankle disorders due to a lack of evidence showing these conditions were incurred or aggravated during his military service.

The Board has denied the veteran's claims for service connection for a low back disability and Parkinson's disease, finding that there is no evidence linking these conditions to his period of active service.

The Board has granted increased ratings for bilateral hearing loss but remanded the issue of increased rating for lumbosacral strain with arthritis due to insufficient evidence.

The veteran's appeal is being remanded for additional development due to a failure to provide adequate notice under the VCAA. The case will be readjudicated and returned to the Board if warranted.

The Board denied the veteran's increased rating claim for mechanical low back pain, finding that his disability did not meet or approximate the criteria for a higher evaluation.

The Board has denied the veteran's claims for service connection for PTSD, a stomach disability (secondary to PTSD), a back disorder, headaches, a skin disability of the feet, bilateral hearing loss, and tinnitus. The issues have been remanded for further development.

The Board found no evidence to support a service connection for the veteran's current back disability, as there was no medical opinion linking his current condition to his active duty service.

The veteran's cervical spine disability was initially rated at 20 percent from July 17, 2001. The RO denied a higher rating for the period before September 26, 2003 and granted an increased rating to 30 percent effective from September 26, 2003.

The Board has remanded the case for further development due to incomplete information and the veteran's incarceration.

The Board has determined that service connection for osteopenia is warranted as it is proximately due to the veteran's service-connected seizure disorder. The claim for a back disability and an increased rating for seizure disorder are not granted.

The veteran's claim for a compensable evaluation for lumbosacral strain was denied in May 2002, and the appeal to challenge this decision was not timely filed.

The veteran's appeal is remanded due to the need for further development, including a VA examination and proper VCAA notice.

The veteran's claims for service connection for back disorders, depression, and bilateral leg disorder are being remanded due to the need for additional development of his medical records.

The Board denied the veteran's claims of service connection for low back disorder, left leg disability, left foot disability, neck disability, and upper back disability. The evidence did not relate to an unestablished fact or raise a reasonable possibility of substantiating these claims.