Back / lumbar spine decisions — 2007

The veteran's claims for service connection for right lung granuloma, right knee and left knee disabilities, and lumbar spine disability have all been denied as not related to service.

The Board has denied the veteran's attempts to reopen his claims for service connection for low back, left shoulder, and right hip disabilities due to lack of new and material evidence.

The Board found that the veteran's back disorder, right ankle disorder, left wrist disorder, and bilateral shoulder disorder are not proximately due to or aggravated by his service-connected bilateral knee disabilities.

The Board denied service connection for major depressive disorder, lumbar strain, left foot/ankle disability, right knee disability, and left shoulder disability. The veteran's claim for increased rating was also denied.

The veteran's back, left knee and left ankle disabilities have been rated based on their severity. The ratings for the back and left knee are granted at 40% and 30%, respectively.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a low back disorder and depression, including as secondary to a low back disorder. The appeal is granted on this basis.

The veteran's claims of service connection for a low back disorder, bilateral hearing loss, and tinnitus are being remanded due to the need for additional development including VA examinations.

The Board denied service connection for a back disability, arthritis of the left shoulder, and bilateral foot disability due to lack of evidence linking these conditions to service.

The Board found that the veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 because he was not rated as totally disabled due to service-connected disabilities for a continuous period of at least 10 years immediately preceding his death, nor was he rated continuously as totally disabled after his last discharge from service for a period of not less than 5 years immediately preceding his death.

The Board has remanded the case for additional development due to a need for a further medical opinion regarding the etiology of the veteran's back disability.

The Board has not determined whether the veteran's back disability is service-connected, but new evidence received since the last denial suggests a possible connection to service. The claim will be further reviewed.

The veteran's service-connected degenerative disc disease of the lumbar spine and right ilioinguinal and cutaneous femoral neuropathy were granted, but her claims for increased ratings remain in appellate status. The RO assigned a 10 percent disability rating to each condition.

The veteran's service-connected low back disability is currently rated at 40 percent, effective from August 19, 2002. The rating for the right lower extremity radiculopathy remains at 10 percent.

The Board has remanded the veteran's claims for service connection for arthritis of the cervical spine and arthritis of the lumbar spine due to a lack of sufficient evidence in the record.

The Board denied the veteran's application to reopen his claim of service connection for residuals of a back injury, finding that new and material evidence had not been submitted.

The veteran withdrew his appeal on the claims of service connection for coronary artery disease, a low back disability, an adrenal gland disability, and a kidney disability.

The veteran's service-connected chronic low back pain was granted a rating of 40 percent effective March 9, 2006. Prior to this date, the rating remained at 20 percent.

The Board has determined that the veteran's scoliosis, claimed as back condition, existed prior to service and was not aggravated by service. Therefore, service connection is denied.

The Board has determined that the veteran's current lower back disability was not incurred or aggravated by service, and therefore denied his claim for service connection.

The Board has denied the veteran's claims for increased ratings and service connection for various conditions, including a lower back disability, right shoulder deformity, left knee disability, mild cortical deformity of the left medial malleolus, herpes, gum disease, right ankle condition, heart condition, and right knee condition. The reasons for denial are provided in the decision.