Back / lumbar spine decisions — 2007

The Board denied the veteran's claims of service connection for back, right foot, and left foot disabilities due to a lack of evidence showing such conditions were incurred during military service or within one year thereafter.

The Board denied the veteran's claim for service connection for PTSD and his application for a permanent and total disability rating for nonservice-connected pension benefits. The evidence did not meet the criteria for reopening the previously denied PTSD claim, and the veteran was found to be unemployable due to his disabilities.

The Board has determined that the veteran's low back and shoulder disabilities were not incurred or aggravated during his active duty service, and thus denied the claim for service connection.

The Board denied the veteran's claims for service connection for PTSD, a respiratory disorder due to exposure to Agent Orange, and a low back disorder. The reasons given were that there was no evidence of an in-service stressor related to PTSD, no diagnosed respiratory condition linked to Agent Orange exposure, and no current low back disability found to be related to the 1972 vehicle accident.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and possibly an orthopedic or neurological examination.

The veteran died of sudden cardiac death, and the cause is believed to be related to his service-connected lumbar spine strain with degenerative joint disease. However, due to a lack of clear and unmistakable error in prior rating decisions, the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318 is denied.

The Board found that the veteran's back disorder and left shoulder tendinitis were not related to his military service. The claim for an increased rating for left shoulder tendinitis was denied as there was no evidence of a schedular rating in excess of 20 percent.

The Board has ordered a VA examination to determine if the veteran's degenerative disc disease at L4-5 and L5-S1 is related to his military service. The case will be remanded for this purpose.

The Board denied the veteran's claim for a rating in excess of 20 percent for his residuals of a fracture of the lumbar spine, finding that the evidence did not support such an increase.

The Board denied the veteran's claims for service connection for bilateral hip disabilities and low back disability, finding no evidence of a nexus to service.

The Board denied the veteran's claims for an increased disability rating for her service-connected lumbar spine injury and denied entitlement to service connection for PTSD.

The Board granted a rating of 40 percent for the service-connected residuals of a low back injury from October 27, 1997 to March 28, 1999.

The Board has remanded the case to the RO for further development due to a lack of records related to an incident involving a malfunctioning ejection seat in service.

The veteran's claim for an effective date prior to August 6, 1996 for the grant of service connection for degenerative disc disease at L5-S1 was granted.,The veteran's claim for an effective date prior to February 18, 2004 for the grant of service connection for major depression was granted.,The veteran's claim for special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities was granted.

The Board found that the veteran does not have a currently diagnosed right shoulder or low back disability, and thus service connection for these conditions is denied as secondary to his service-connected cervical spine disability.

The veteran's claim for a higher rating for his service-connected low back myofascial pain is being remanded due to the need for additional development, including obtaining SSA records and arranging for a VA orthopedic examination.

The Board has reopened the claim of service connection for a low back disability and found that new evidence supports this. The veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating for VA pension purposes.

The veteran seeks increased ratings for his service-connected low back, left Achilles tendon, left radius, and left chest disabilities. He also seeks service connection for a left leg disability.,The veteran seeks an increased rating for his service-connected left Achilles tendon condition. The RO denied this claim in the April 2003 decision.,The veteran seeks an increased rating for his service-connected left radius condition. The RO denied this claim in the April 2003 decision.,The veteran seeks an increased rating for his service-connected left chest condition. The RO denied this claim in the April 2003 decision.,The veteran seeks an increased rating for his service-connected left neck condition. The RO denied this claim in the April 2003 decision.,The veteran seeks a compensable rating for his service-connected generalized periodontitis. The RO denied this claim in the April 2003 decision.,The veteran seeks service connection for a left leg disability, apart from his already-service connected left Achilles tendon condition and left leg scarring. The RO denied this claim in the April 2003 decision.

The Board granted service connection for low back strain with iliac crest apophysitis and assigned a 10 percent evaluation, effective October 28, 2002. The claim for an initial compensable evaluation for migraine headaches was not addressed as it is not related to the service-connected condition.

The Board denied service connection for PTSD and a low back condition, finding that the veteran's claims were not supported by credible evidence of in-service stressors or combat experience.