Back / lumbar spine decisions — 2007

The veteran's claim for an earlier effective date for nonservice-connected pension was denied as there is no evidence of permanent and total disability prior to April 9, 2004.

The veteran's appeal has been dismissed as he requested to withdraw his appeal.

The veteran's appeal is being remanded for further development, including obtaining VA treatment records and SSA medical records. He also needs a VA examination to assess his right knee disability and the relationship between his lumbar spine disorder and service-connected condition.

The Board has remanded the veteran's claims for additional development due to missing service medical records and missed VA examinations.

The Board has determined that there is no current evidence of a chronic back disability or an abnormal blood condition during service, and the medical opinion provided does not support a link between any current disabilities and service. Therefore, the claims for service connection are denied.

The Board has ordered the case to be remanded for additional development, including providing proper notification and evidence requirements as outlined in Kent v. Nicholson and Dingess/Hartman v. Nicholson.

The veteran's claims for service connection were denied. The Board found that the evidence did not support higher ratings for lumbosacral strain with degenerative disc disease, and denied his claims for respiratory disorder, hearing loss, tinnitus, and PTSD.

The Board has remanded the claims for additional development due to new evidence received and for VA examinations.

The Board has remanded the case to the RO for further proceedings, including scheduling a VA examination and requesting clarification of the veteran's employment history. The veteran is unemployable due to his service-connected disabilities as a whole.

The Board found that there is no evidence of a back injury or disability during service, and the preponderance of the evidence does not support a link between any current low back disability and military service.

The Board has granted service connection for a right leg disorder, left leg disorder, and right knee disorder. Service connection was also established for wedge compression fracture at T12, posterior disc protrusion at L5-S1, and left lumbar facet arthropathy at left L4, L5, and S1 with radiculopathy. A 20 percent rating has been granted for the residuals of a gunshot wound to the left thigh.

The Board has remanded the case due to insufficient evidence regarding the veteran's service connection claim, including lack of records from his active duty and ACDUTRA/INACDUTRA periods.

The veteran's claims for increased ratings for various spine and knee disabilities are being remanded due to the need for additional development.

The Board found that the appellant's current low back disorder, diagnosed as degenerative disc disease of the lumbar spine, was not incurred in or aggravated by active service. The evidence did not link the condition to any incident during ACDUTRA.

The Board denied the veteran's claims of service connection for right knee osteoarthritis, lumbar strain with muscle spasms, and left lower extremity disability due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Board denied the veteran's claims of entitlement to an evaluation in excess of 10 percent for residuals of a fracture of the right tibia and fibula, service connection for a low back disability secondary to his service-connected right leg disability, and service connection for memory loss. The Board found that the veteran did not have a low back disability attributable to service or arthritis of the low back that may be presumed due to service. The Board also determined that the veteran's memory loss was not related to service.

The veteran is seeking an increased rating for her service-connected back condition, which includes degenerative joint disease and disc disease. She alleges that she has neurological manifestations and missed work due to incapacitating episodes related to the low back condition. The case is being remanded for further examination and consideration.

The Board has determined that the April 2001 rating decision denying service connection for left leg and low back disabilities is final. The RO did not receive new and material evidence to reopen these claims.

The Board has granted a 20 percent disability rating for the veteran's service-connected degenerative disc disease of the lumbar spine, and continues the noncompensable disability rating for his service-connected left foot disorder.

The Board denied the veteran's claim for an effective date earlier than January 28, 1999 for a 40 percent evaluation for lumbar strain with degenerative changes. The evidence did not show a factually ascertainable increase in disability within one year prior to the date of her claim.