Back / lumbar spine decisions — 2007

The Board has denied the veteran's claims of service connection for fibromyalgia, headaches, neck pain other than fibromyalgia, thoracic and lumbar spine disability other than fibromyalgia, bilateral shoulder disability other than fibromyalgia, and bilateral leg pain other than fibromyalgia. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Board dismissed the appeal for an earlier effective date for the grant of service connection for status post left elbow dislocation. The claims for service connection for arthritis, acid reflux disease, and dry eyes were denied as there is no evidence of these conditions in service or related to a service-connected disability.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current diagnoses are related to service or her service-connected depression.

The Board dismissed the appeal due to the veteran's death, as it has no jurisdiction to adjudicate the merits of the application to reopen a claim for service connection for a low back disability.

The veteran's back disability was initially rated at 10 percent prior to May 28, 2002 and increased to 30 percent effective May 28, 2002. Since January 26, 2001, the disability has been rated at 40 percent.

The Board has ordered the case back to the RO for additional development, including obtaining VA medical records and providing a VA examination. The veteran's attorney requests that the VA provide a medical nexus opinion regarding whether his current back disability is related to an incident in service.

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

The veteran's claims for increased ratings and TDIU have been remanded due to the need for additional development, including consideration of extraschedular considerations.

The Board has determined that the veteran's chronic low back pain syndrome warrants a disability rating of 30 percent, considering functional impairment and applicable schedular criteria.

The Board has remanded the veteran's claims for additional development, including scheduling an examination to determine the current severity of his hearing loss and providing an opinion as to its etiology. The case will be readjudicated after this development.

The veteran's appeal for an initial rating in excess of 20 percent for arthritis of the thoracic and lumbar spine, right elbow, and hips was denied. The current disability rating remains at 20 percent.

The Board found no medical evidence linking the veteran's current lower back disorder to his military service, and denied his claim for service connection.

The Board has remanded the case for additional development due to missing VA treatment records and a recent chiropractor visit.

The Board has remanded the case for further development due to incomplete medical records and a need for additional examinations.

The veteran's appeal for an increased rating for lumbosacral strain has been dismissed as the appellant withdrew her appeal.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the Los Angeles, California RO. The issues of whether new and material evidence has been received to reopen a claim for service connection for lumbosacral strain with limitation of motion of the lumbar spine, entitlement to service connection for depression, entitlement to service connection for PTSD, and entitlement to service connection for diabetes mellitus, type II are pending.

The veteran's service-connected degenerative disc disease of the lumbar spine was granted a 20 percent evaluation effective December 1, 1999. The RO also granted an increased 20 percent evaluation for cervical spine disability from September 26, 2000 to January 22, 2003 and a temporary total evaluation based on surgical treatment necessitating convalescence.

The Board has determined that the veteran does not have degenerative joint disease of the lumbar spine, sinusitis, residuals of a left eardrum injury, or residuals of head trauma to include headaches, dizziness, and impaired cognitive function. The evidence does not support service connection for any of these conditions.,Service records do not show treatment for any of these conditions during active duty.

The Board denied the veteran's attempt to reopen his claim for service connection for a back disorder, finding that no new and material evidence had been presented.

The Board has remanded the case for further development and consideration of the veteran's claim for service connection for degenerative arthritis of the cervical and lumbar spine.