Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for increased ratings for plantar fasciitis and lumbosacral strain due to his failure to report for VA examinations scheduled in February 2005.

The Board denied the veteran's claims for service connection for scars on his head and left wrist, as well as residuals of a foreign body in his left wrist. The decision is based on the lack of medical evidence linking these conditions to his military service.

The veteran's initial ratings for his low back and right knee disabilities were denied, with the Board finding that the evidence did not support a higher rating than what was initially granted.

The Board denied the veteran's claims for service connection for a respiratory disability and an application to reopen his claim of service connection for a back disability. The veteran was not shown to have a respiratory disability related to service, nor did new and material evidence support reopening the back disability claim.

The veteran's claim for special monthly compensation based on aid and attendance/housebound status was denied because his need for regular aid and attendance arises from non-service-connected disorders, not service-connected disabilities.

The Board has determined that the veteran does not have a lumbosacral spine disability, an ankle or foot disability (other than right foot fracture residuals), or a knee disability that is attributable to his active military service. The claims are therefore denied.

The Board is remanding the case for additional development, including obtaining SSA records and any relevant medical records.

The veteran's appeal is being remanded to the RO for scheduling a video hearing at the Cleveland RO. The issues of service connection and increased rating are inextricably intertwined, so they must be deferred until the increased rating claim is resolved.

The Board found no evidence of a chronic back disability during service and insufficient medical opinion to establish a nexus between the current back disability and service. As such, the claim for service connection was denied.

The Board denied the veteran's claims for service connection for a skin disorder involving the right face and orbital area, finding that there was no chronic disability present. The claim for back disorder was also denied as there is no evidence of a current or chronic disability related to in-service kidney biopsy.

The VA determined that the veteran's service-connected low back strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for a higher evaluation under the applicable diagnostic codes.

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

The Board denied the veteran's claims for service connection for erectile dysfunction and chronic conjunctivitis, finding that there was no medical evidence linking these conditions to his service-connected lumbar spine disability.

The veteran's lumbar spine disability is rated at 40 percent, which is the maximum schedular rating available under current criteria. The appeal for higher ratings has been denied.

The veteran's claims for service connection for PTSD and a low back disability, secondary to service-connected traumatic arthritis of the left shoulder and left elbow are being remanded due to the need for further development including obtaining information about stressors from the JSRRC.

The Board denied service connection for muscle damage to Muscle Group XIX and lumbosacral strain, finding that there was no evidence of a current disability or in-service injury.

The veteran's claims for increased ratings and service connection were denied. The appeal is REMANDED to the RO.

The Board has determined that the preponderance of evidence is against the appellant's claim for restoration of a 40 percent evaluation for lumbosacral strain, and thus the reduction was proper.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a low back disability, which was previously denied in 1971. The current medical evidence does not support a finding that the veteran's current low back disability is related to his active duty service.

The veteran's claim for an initial or staged rating in excess of 10 percent for degenerative disc disease of L4-5 is being remanded due to the need for a more current orthopedic examination and additional development.