Back / lumbar spine decisions — 2007

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and evidence of work absences due to service-connected disability. The case will be returned to the Board after these actions are completed.

The veteran's claims for earlier effective dates were denied as the RO reopened her service connection claims based on new and material evidence, but did not assign an effective date prior to July 11, 1991.

The Board found no evidence to support the veteran's claim of a chronic back disability, including low back and cervical spine, that was incurred or aggravated by service. The VA examiner concluded that it is less likely than not that the current back condition is related to military service.

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied, and his temporary total rating claim based on convalescence following surgery in November 2003 was also denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a respiratory examination. The claims for service connection are pending.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1151, and whether VA Secretary was obligated to make payment to a vehicle seller under 38 U.S.C.A. § 3902(a).

The Board has granted service connection for a back disability, PTSD, and residuals of head injury with headaches. The initial evaluations for these conditions have been set at 10 percent each.

Service connection granted for upper back pain, low back pain, and painful hands due to an undiagnosed illness.,Service connection denied for residuals of a left foot sprain, right foot strain, fallen arches, and torticollis with cervical-dorsal myositis.

The Board has determined that the veteran's chronic lumbosacral strain and sprain warrants a 20 percent evaluation from August 11, 1999 to September 25, 2003, and a 40 percent evaluation beginning September 26, 2003.

The veteran's low back disorder was granted a 40 percent evaluation effective June 2, 2006.

The Board has denied the veteran's claims for service connection for a chronic low back disability and a shortened right lower extremity, both claimed as secondary to his service-connected right knee disability. The evidence does not support a finding that these conditions are related to his military service.

The Board has granted a 40 percent disability rating for the veteran's lumbar spondylosis with degenerative disc disease since May 17, 2001. The upper back disability is rated at 10 percent from August 23, 2002.

The VA determined that the veteran's service-connected cervical spine disability, characterized by pain and limited motion, does not warrant an evaluation in excess of 20 percent.

The Board denied reopening the veteran's claim of service connection for a low back disorder, to include as a residual of spinal meningitis due to lack of new and material evidence.

The Board has remanded the issues of service connection for bilateral hearing loss, left knee disorder, and evaluations for degenerative disc disease at L5-S1 and a left ankle strain with instability and limitation of motion. The appeal is pending before the Board.

The veteran's low back strain with degenerative disc disease is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted based on the severity of his symptoms.

The Board has denied the petitions to reopen the claims for service connection for a lower back condition, joint pain, a urinary tract disorder and a sleep disorder on a direct basis. The criteria for entitlement to service connection for these conditions due to undiagnosed illness or other qualifying chronic disability have not been met.

The Board has determined that the veteran's current bilateral knee disability is linked to his service-connected burns, and thus grants service connection for degenerative joint disease of the knees. The lumbar spine disorder is also granted as secondary to the bilateral knee condition. However, an increased level of special monthly compensation remains pending.

The Board has determined that the veteran's back disability is not related to service and denied his claim for service connection.

The VA denied a request for an initial rating in excess of 40% for postoperative residuals of posterior lumbar interbody fusion at L4-5 and L5-S1, finding that the veteran's symptoms did not meet the criteria for a higher rating under the applicable disability code.