Back / lumbar spine decisions — 2007

The VA has determined that the veteran's lumbosacral strain with degenerative joint disease and disc disease does not warrant a rating higher than 60 percent, as there is no evidence of ankylosis or significant neurological manifestations during this period.

The Board has determined that the veteran's chronic low back disability warrants a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine, effective from October 1, 2003.

The Board denied the veteran's claims for service connection for sinusitis and an initial rating higher than 20 percent for thoracolumbar degenerative joint disease and degenerative disc disease. The evidence did not establish a current disability related to service, nor was there continuity of symptomatology after service.

The Board denied the veteran's claims for service connection for low back strain, bilateral hearing loss, tinnitus, and diabetes mellitus. The July 1976 rating decision denying service connection for low back strain was not challenged on the basis of clear and unmistakable error (CUE).

The Board found that the preponderance of the evidence is against the veteran's claims for service connection for bilateral knee disorder, bilateral hip disorder, and/or a low back disorder, to include as secondary to his service-connected left and right foot disorders.

The Board denied the veteran's claims for service connection for sleep apnea, foot/toenail fungus, an eye disorder, and a prostate disorder. The claim for increased rating for lumbosacral strain was also denied.

The Board denied an increased rating for the veteran's low back strain, finding that his disability did not meet criteria warranting a higher rating.

The veteran's claims for increased ratings were not supported by evidence within one year of the January 8, 2003 claim.,There is no medical evidence linking the veteran's brain tumor to service or a period following service.

The Board has decided to remand the veteran's claims for service connection for bilateral knee and low back conditions due to incomplete notice being provided.

The Board has granted service connection for PTSD and assigned a 20 percent rating for degenerative disc and joint disease of the lumbar spine. The other claims are pending further development.

The veteran's claim for a higher rating for his thoracolumbar strain has been remanded due to the need for additional VA examinations and development of records.

The Board found that the veteran's left knee and low back disorders were not incurred or aggravated by service, and arthritis of these areas may not be presumed to have been incurred in service. The right wrist tendonitis was also denied as a higher rating is not warranted.

The veteran withdrew his appeals for increased ratings and separate evaluations for the service-connected conditions listed. The case is dismissed.

The Board has reopened the veteran's claims for service connection for right ear hearing loss, cervical spine arthritis with nerve impingement, and lumbar radiculopathy and spinal stenosis. The new evidence submitted since the last denial supports these claims.

The veteran's initial claim for an increased evaluation for coronary artery disease was granted with a rating of 20 percent effective June 24, 2006. The previous 10 percent rating remains in effect.,The veteran's low back disability has been granted since June 24, 2006, and is currently rated at 20 percent.

The Board denied service connection for the residuals of a right knee injury, back disorder, and lung disorder due to lack of evidence linking these conditions to military service.

The Board has determined that the character of the appellant's discharge from service between December 30, 1991 and December 30, 1994 is a bar to VA benefits.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is related to an in-service injury.

The veteran's claim for reimbursement of unauthorized medical expenses incurred between 1998 and 2001 is denied because the treatment was not in response to an emergency situation as defined by law.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain, finding that the disability did not warrant a rating higher than 20 percent under the applicable VA rating criteria.