Back / lumbar spine decisions — 2007

The veteran's service-connected lumbosacral strain with degenerative disc disease and right lower extremity sciatica, residual of fracture transverse process at L4 is currently rated as 40 percent disabling. The issue remains in appellate status due to the RO's recent increase from noncompensable to 10 percent for bilateral otitis media.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's low back and cervical spine complaints, including verifying his periods of service and obtaining VA treatment records. The claims will be remanded for these actions.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of both knees, and a thyroid disorder. The evidence did not establish a direct relationship between these conditions and his military service.

The Board found that the veteran's current back disability is not related to service and denied his claim for service connection.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for his service-connected intervertebral disc syndrome, finding that the condition did not meet criteria warranting a higher rating.

The Board has remanded the case for additional development, including obtaining X-rays of the cervical spine and scheduling a VA examination to determine if there is any demonstrable deformity of the C5 and/or C6 vertebrae. The claim will be reconsidered based on Diagnostic Code 5285 under the pre-September 2003 version of the Rating Schedule.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection of residuals of a left thigh contusion, headaches (previously claimed as dizzy spells), and low back condition.

The veteran's service-connected disabilities do not render him incapable of performing activities of daily living without regular assistance from another person, and he does not have a single service connected disability rated at 100 percent. The veteran is not substantially confined to his ward or clinic areas because of his service-connected disabilities.

The veteran seeks service connection for upper and lower back disorders, a left shoulder disorder, and anemia. The case is being remanded to obtain her complete military medical records and to provide the necessary examinations.

The veteran's claims for service connection for depression and residuals of the removal of benign tumors from the left arm were granted.,A rating in excess of 10 percent was assigned for residuals of the removal of benign tumors from the left arm.

The veteran's claims for service connection and increased evaluation are being remanded due to the need for additional examinations and development of his medical records.

The Board denied the veteran's claims for service connection for heart disorder, glaucoma, back disorder, and kidney disorder, all of which were found to be not incurred or aggravated during his active duty service.

The Board denied an earlier effective date for a total rating for compensation purposes based on individual unemployability, finding that the claim was not filed within one year of the April 29, 2004 submission.

The Board denied the veteran's claims for service connection for bilateral pes planus, secondary service connection for a back disability due to bilateral pes planus, and compensation under the provisions of 38 U.S.C.A. § 1151 for rectal and colon cancer.

The Board denied the veteran's claims for service connection for a low back disability and an initial rating in excess of 10 percent for cervical spine strain. The evidence did not support the presence of any current low back disability, and there was no medical opinion linking the veteran's low back pain to his service-connected cervical spine strain.

The Board has determined that there is no current evidence of a back disorder or an elbow disorder, and thus service connection cannot be granted for these conditions.

The Board has determined that the veteran is entitled to service connection for tinnitus due to in-service acoustic trauma. The benefit of doubt has been resolved in favor of the veteran.,Service connection for a back disorder has not been established, as there is no medical evidence linking it to active service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling orthopedic and neurologic examinations to assess the veteran's low back disability.

The Board denied the veteran's claims for service connection for a prostate condition and arthritis of the lumbar spine. The claim for prostate condition was not reopened due to lack of new and material evidence, while the claim for arthritis of the lumbar spine was denied as there is no evidence linking the current condition to his military service.

The VA has granted service connection for DDD and DJD of the lumbosacral spine at L2-3, effective March 25, 2004. The veteran's claim for a higher initial rating remains under review.