Back / lumbar spine decisions — 2007

The veteran's cause of death was renal failure due to or as a consequence of gastrointestinal bleeding. The appellant claims that the veteran's conditions were caused by medications for his service-connected low back disorder, including NSAIDs and aspirin.

The Board has remanded the case for further development due to new evidence received and outstanding VA treatment records.

The Board is requesting additional VCAA notice and remanding the case for further development regarding whether new and material evidence has been submitted to reopen claims of entitlement to service connection for a right knee disorder and a back disorder.

The Board finds that the appellant does not have a current diagnosis of a neck disability and there is no evidence linking his current back condition to service. The claim for residuals of a neck injury is denied.

The Board has determined that there is no competent medical evidence of current diagnoses for the claimed bilateral knee condition, low back condition, or gastritis. Therefore, service connection cannot be granted.

The Board denied the veteran's claims for service connection for a right shoulder disability and a low back disability, finding that there was no evidence of an injury or disease in service that caused these disabilities.

The Board denied the veteran's claims for increased ratings for his left shoulder and low back disabilities, finding that the evidence did not support a higher rating based on limitation of motion or other criteria.

The Board has granted a 20 percent disability rating for degenerative disc disease of the lumbar spine, effective May 3, 2006. The veteran's arthritis of the right and left hips were not service-connected.

The Board found that the veteran's degenerative disc disease of the lumbar spine with radiculopathy was not incurred in or aggravated by service and may not be presumed to have been incurred during service.

The Board denied a disability rating in excess of 40 percent for the service-connected lumbar spine disorder between April 16, 1991 and June 27, 1996.

The Board has determined that the veteran's right knee and low back disabilities are secondary to his service-connected left knee disability, warranting service connection for these conditions.

The Board denied the veteran's claims for service connection of his left shoulder, upper back, and cervical spine disabilities due to lack of new and material evidence.

The Board has determined that the veteran's right knee, low back, and heart disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the veteran's low back disability is proximately due to or aggravated by his service-connected left knee disability, and thus grants service connection for this condition.

The Board found that the veteran's back condition did not originate in service and denied his claims for higher initial ratings for left and right knee conditions. The evidence showed no chronic disability of the back during or immediately after service, with onset occurring several years post-service. The knees were evaluated as having degenerative arthritis.

The Board denied service connection for a low back disorder, bilateral pes planus, and Meibomian cysts of the eyelids. The veteran's low back disorders were not present during his active military service or within one year after separation. His bilateral pes planus was found to have pre-existed his service.

The Board has determined that the veteran does not have a current disability of myopia with astigmatism or arthritis of the left knee for which service connection can be granted. The veteran's headaches are found to be proximately due to her service-connected temporomandibular joint (TMJ) disorder, and she is therefore granted service connection for this condition. However, an increased rating for lumbosacral strain remains denied as there is no evidence of a current disability.

The Board denied the veteran's application to reopen his previously denied claim for service connection of a low back disorder, finding that no new and material evidence had been submitted.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. However, the claims of service connection for both a back disability (including arthritis of the lumbar spine) and a neck disability have not been substantiated as they are not related to service or any disease or injury of service origin.

The Board has remanded the veteran's claims for service connection for coronary artery disease, an upper back condition, and a bilateral foot disability to the RO via the Appeals Management Center (AMC) in Washington, DC due to procedural issues.