Back / lumbar spine decisions — 2007

The veteran was hypothetically entitled to TDIU prior to his death, which would have been granted as of June 16, 1988. The appellant is therefore eligible for DIC benefits under the provisions of 38 U.S.C.A. § 1318.

The Board has determined that the veteran's claims for increased evaluations of her right knee, left knee, and low back disorders are denied as there is no evidence showing compensable limitation of motion or arthritis under applicable diagnostic codes.

The VA determined that there is no evidence linking the veteran's current low back disability to his service, including an injury during a typhoon aboard the Cubits Gap tugboat. The claim for service connection was denied.

The veteran's low back and right shoulder disabilities are reasonably shown to be secondary to his service-connected left knee disability, and the Board finds that service connection for these conditions is warranted.

The Board has denied the veteran's claims for service connection for a personality disorder, low back pain, left knee disability, headaches, and right knee disability due to lack of evidence showing current disabilities or in-service incurrence/aggravation.

The Board denied the veteran's requests to reopen his previously-denied claims of service connection for left varicocele, arthritis of multiple joints (including back disability), and duodenal ulcer disease. The RO also denied service connection for a back disability other than arthritis and hypertension.

The veteran's claims for service connection for low back disability and sinus allergies were granted. Claims for left shoulder pain and bilateral tibial stress fractures were denied due to lack of current evidence.

The veteran's claim for increased ratings for lumbosacral strain is being remanded due to the receipt of additional evidence. The RO will review this evidence and readjudicate the claims.

The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 60 percent, and his claim for a higher rating has been granted. The decision also includes granting TDIU based on the veteran's disability.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and left knee disabilities, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has determined that the veteran does not have a retained foreign body in his back, and therefore, service connection for an upper back condition secondary to shrapnel wounds with retained foreign bodies is denied.

The veteran is seeking increased ratings for his service-connected degenerative joint disease of the lumbar spine, right leg neuritis, and bilateral hearing loss. The RO has granted an initial 10 percent rating for the lumbar spine and a noncompensable rating for bilateral hearing loss prior to September 28, 2004. The veteran's claim is remanded due to the need for additional development of his Social Security Administration records.

The veteran is granted service connection for Ehlers-Danlos syndrome and its associated joint disabilities, but denied service connection for valvular heart disease.,Service connection was not granted for residuals of rheumatic fever as the condition preexisted service.

The Board denied the reopening of a claim for service connection for a back disorder, finding that new and material evidence had not been presented. The March 1962 decision is considered final.

The Board has granted service connection for the veteran's degenerative disc disease of the lumbar spine, finding that it is aggravated by his service-connected bilateral pes planus.

The Board has determined that the veteran does not have a current disability related to his service, and thus cannot establish service connection for any of the conditions listed. The claims are denied.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The issues of entitlement to service connection for various conditions are inextricably intertwined with the issue of hypertension.

The Board denied the veteran's claims for a compensable rating for degenerative disc disease of the thoracic spine and service connection for degenerative disc disease of the cervical spine, finding that the evidence did not support the presence or relationship to service.

The Board has ordered a remand for additional development, including a VA examination and opinion to determine the nature and etiology of any current back disorder. The veteran is also advised that failure to report for a scheduled VA examination without good cause shown may have adverse consequences for his claim.

The Board is remanding the case for additional development, including obtaining medical records and potentially providing a VA examination regarding the veteran's back and neck disabilities. The veteran will be provided with a supplemental statement of the case if his claims are not granted after this additional development.