Back / lumbar spine decisions — 2007

The Board found no medical evidence linking the veteran's current low back disabilities to his service, and thus denied his claim for service connection.

The veteran's claim for an effective date prior to October 21, 2003, for a 20% rating for degenerative disc disease of the lumbar spine is denied as there was no pending unadjudicated claim or evidence of increased severity before that date.

The Board has remanded the case for additional development to obtain missing service medical records and worker's compensation records, as well as a VA examination. The veteran's claim will be reconsidered based on the new evidence.

The Board has determined that the veteran's claimed conditions, including low back disability and left shoulder disability, were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these disabilities.

The Board denied the veteran's claim for service connection of his spine disability, finding that there was no evidence to support a link between his current conditions and his active military service.

The Board found that the veteran's low back disability, which included mild scoliosis of the upper lumbar and lower dorsal spine, was not incurred or aggravated by active service. The evidence showed a pre-existing condition prior to service.

The veteran's service-connected disabilities, including lumbar spine injury, tinea versicolor, and right and left lower extremity radiculitis, do not render him unable to secure or follow a substantially gainful occupation.

The Board found no evidence of an in-service injury or disease related to the low back condition, and thus denied service connection.

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

The Board has denied the veteran's claims for service connection for avascular necrosis of the right hip, left hip, benign prostatic hypertrophy and prostatitis, and a back disorder secondary to bilateral hip disorders. The decision also denies the request to reopen a claim for service connection for anxiety.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine and hearing loss were not incurred in or aggravated by service, and thus denied his claims.

The veteran's claim of entitlement to service connection for a lower back disability was denied in February 2002, and his appeal was withdrawn. New evidence submitted since then does not raise a reasonable possibility of substantiating the claim.,The veteran's claims for bilateral hand disabilities were received on July 6, 2004, but an effective date earlier than this is not warranted as all prior or pending claims were voided by withdrawal and re-filing was not timely.

The Board denied the reopening of the claim for service connection for a back disability due to lack of new and material evidence.

The veteran's claims for service connection have been granted. Service connection is established for an acquired nervous disorder, heart condition, Type II adult onset diabetes mellitus, and a skin disorder due to Agent Orange exposure. Claims for pancreatitis, low back pain, knee pains, and erectile dysfunction were denied.

The Board has remanded the case for additional development due to recent treatment records and a need to consider evidence submitted by the veteran.

The Board denied the veteran's claims for service connection for peripheral neuropathy of the upper extremities, initial evaluations in excess of 10 percent for residuals of an injury to the lumbar spine and degenerative disc disease of the cervical spine, and diabetes mellitus. The veteran was granted a 10 percent evaluation for each of these conditions.

The veteran's appeal for an earlier effective date for service connection of his lumbar spine disability has been withdrawn, resulting in the dismissal of the appeal.

The veteran's service-connected disabilities, including atherosclerosis, coronary artery bypass, left total knee arthroplasty and arthritis, ichthyosis vulgaris, right knee degenerative joint disease with arthritis, hypertension, lumbosacral spine degenerative disc disease, bilateral pes planus, right knee instability, iritis, impotence associated with atherosclerosis, and degenerative joint disease of the left elbow, preclude him from securing or following a substantially gainful occupation.

The Board has reopened the appellant's claim of service connection for a low back disability, finding that new and material evidence has been submitted. The case is now remanded to obtain VA treatment records and an examination.

The VA denied an increased rating for lumbosacral strain prior to October 8, 2004, as the evidence did not meet the criteria for a higher evaluation.