Back / lumbar spine decisions — 2007

The Board found that the veteran did not have an employment handicap and was considered to be at the point of employability for an entry level position with his undergraduate degree. The veteran's service-connected disabilities were rated as 30 percent combined, but he was determined to have overcome his handicap through education.

The Board has remanded the case for further development and evaluation of the veteran's claims, including a VA examination to address the etiology of his degenerative disc disease and nicotine dependence.

The Board has determined that the veteran does not have a low back disability, pes planus with plantar fasciitis, upper back disability, eye disability, or rhinitis that is attributable to military service. The veteran's PFB was rated appropriately based on his current condition.

The Board denied the veteran's claims for service connection for atrial fibrillation and an initial rating higher than 10 percent for lumbar strain with a herniated nucleus pulposus, finding no current evidence of these conditions.

The Board has remanded the case for further development, including obtaining medical records and conducting VA examinations to determine the severity of the veteran's service-connected back disability and whether there is a separate disability of the dorsal spine.

The Board denied the veteran's claims for service connection for various conditions, including colon cancer and COPD, all of which were attributed to asbestos exposure. The Board found that there was no evidence linking these conditions to service or any other inservice event.

The Board has denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disorders due to a lack of evidence showing these conditions were incurred during his military service.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a back disorder. The veteran's claims for bilateral hearing loss and tinnitus are considered but are marked as 'unknown' due to insufficient information.

The Board denied service connection for bilateral knee disability and low back disorder, finding that the evidence did not support a nexus to service.

The veteran's appeal is being remanded for further development due to insufficient examination results regarding his left wrist disorder and lumbosacral strain with arthritis.

The Board has remanded the case for further development, including a VA examination to assess the veteran's service-connected lumbar spine disorder and readjudication of his claims.

The veteran's low back disorder with degenerative changes is rated at 40 percent effective November 15, 2006. The appeal for a higher rating prior to that date and for TDIU was granted.

The veteran seeks to reopen his claim for service connection of a low back disorder. The Board has remanded the case due to incomplete records and will seek further evidence, including alternative forms of information.

The Board found that the appellant's current back disorders were not incurred or aggravated by service and denied his claims for service connection.

The Board found that the veteran does not have asbestosis or any other disease associated with asbestos exposure, and thus denied service connection for asbestosis. For special monthly pension, the Board determined that the veteran is not in need of regular aid and attendance due to his disabilities.

The Board has determined that the veteran does not have a current diagnosis of PTSD and finds no evidence to support service connection for either a chronic back disability or a chronic psychiatric disability.

The Board has determined that the veteran's cervical spine disability did not meet or approximate the criteria for a rating in excess of 20 percent from June 1, 2007.

The Board has determined that the veteran does not have a current diagnosis of a cervical spine disorder or lower back disorder, and thus cannot establish service connection for these conditions.

The veteran's service-connected bilateral plantar calluses of the balls of the feet are currently rated at 10 percent, and his degenerative joint disease of the lumbar spine is rated at 40 percent. The claims for increased ratings have been granted.

The Board has denied the veteran's claims for service connection for a left shoulder condition, degenerative joint disease of the lumbar spine, and status post right kidney anomaly due to lack of evidence linking these conditions to his military service.