Back / lumbar spine decisions — 2007

The veteran's service-connected back disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The VA denied service connection for the veteran's claimed residuals of a low back injury, finding no medical evidence linking his current condition to his in-service complaints or injuries.

The Board has determined that an earlier effective date of January 3, 1996 is warranted for the grant of secondary service connection for degenerative disk disease of the lumbosacral spine.

The Board denied the veteran's claims for service connection for sinusitis and a disability evaluation in excess of 10 percent for allergic rhinitis, but granted an increased rating to 20 percent for degenerative disc disease of the lumbar spine with herniated nucleus pulposus, L3-L4.

The Board denied the veteran's claims for service connection for multiple myeloma, back disability, gastroenteritis, pruritus, bronchitis, and fatigue, finding that these conditions were not incurred or aggravated by active duty service and are not otherwise related to such service due to lack of exposure to herbicides.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability, which was previously denied in February 2002. The decision is based on the lack of evidence relating the current low back disability to service or the service-connected right knee disability.

The Board denied the veteran's claims of service connection for a neck or cervical spine disability and an increased rating for TMJ disability. The evidence did not establish a nexus between any current disabilities and service, including a claimed in-service injury.

The Board has denied the veteran's claims for service connection for a low back disability and headaches as a residual of a brain concussion, finding no evidence of such conditions during or immediately following service.

The veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development, including obtaining in-patient hospital clinical records from the U.S. Army General Hospital at Bad Kreuznach, Germany. The secondary service connection issue will also be addressed concurrently.

The Board has remanded the case for additional development to obtain relevant medical records and clarify certain aspects of the veteran's claims.

The Board has granted service connection for a lumbar spine disability and bilateral knee disability, but denied service connection for a headache disorder.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for radiculoneuritis involving a root of C-5 with complaints of left arm pain, finding that there was no legal basis to assign such an effective date other than the allegation of clear and unmistakable error (CUE) in a prior August 1967 rating decision. The Board also denied his claim for service connection for degenerative disc disease of the lumbar spine as new and material evidence had not been submitted.

The veteran's appeal for an increased rating for her degenerative disc disease of the lumbar spine with radiculopathy has been dismissed as she effectively withdrew her appeal.

The Board granted increased ratings to 20 percent for the veteran's service-connected cervical and lumbar spine disabilities, effective September 26, 2003.

The Board has remanded the case for further development and consideration due to incomplete records and procedural issues.

The Board has denied the veteran's claim of service connection for a back disorder, finding that there is no medical evidence demonstrating a relationship between the current disability and service or to a service-connected disability.

The Board has determined that the veteran's service-connected cervical spine and lumbosacral strain disabilities do not warrant a disability rating in excess of 20 percent.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and a VA examination to assess the severity of his service-connected low back disability. The veteran also needs to provide any relevant evidence in his possession.

The Board found no evidence that the veteran's hypertension, low back disability, or residuals of injury to the mandible were incurred in service. The claims for these conditions are therefore denied.

The Board has reopened the veteran's claim for service connection for a lumbar spine condition due to new and material evidence submitted. However, the claim was denied on the merits as there is no medical nexus between the current lumbar spine disability and service.