Back / lumbar spine decisions — 2007

The Board has reopened the veteran's claims for service connection of left knee, right knee, and low back disabilities due to new evidence received since previous final decisions. The cases are now remanded for further development.

The Board found that the preponderance of evidence does not support a finding that the veteran suffered an injury to his low back during service or within one year after separation, and thus denied the claim for service connection.

The Board has determined that the veteran's low back disability, diagnosed as osteophytosis of the lumbar spine, warrants a 40 percent rating since February 13, 2004. The current rating is appropriate given the veteran's limited range of motion and pain without ankylosis.

The Board has remanded the case due to incomplete service medical records and a need for further examination.

The Board has determined that there is no current diagnosis of bilateral pes planus, and the medical evidence does not support a finding of a nexus between any current low back disability or cervical spine disability/compression fracture and service. Therefore, the claims for service connection for these conditions have been denied.

The veteran's claim for a higher initial rating for degenerative disc disease of the lumbar spine is being remanded due to incorrect application of revised rating criteria and need for updated examination.

The veteran's back disability is not deemed to be caused by VA care, and thus does not meet the legal criteria for compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claims for service connection for cirrhosis of the liver and back disability as due to exposure to ionizing radiation. The evidence does not support a secondary relationship between the claimed conditions.

The veteran's service-connected bilateral hearing loss and low back disability have been denied. The veteran's low back disability is rated as 10 percent disabling, but the Board finds that a higher rating is not warranted.

The veteran's low back disability and right lower extremity radiculopathy are currently rated at the maximum allowable under VA regulations, with no additional rating granted.

The Board has remanded the case back to the RO for obtaining Social Security Administration records and readjudicating the claim on appeal.

The Board has determined that the veteran's low back disability is not etiologically related to his service-connected left knee disability and therefore denied the claim for service connection.

The Board found that the veteran's current low back disability is related to the aggravation of his pre-existing scoliosis in service, and granted service connection for this condition.

The Board has vacated the December 2006 decision and remanded the case for readjudication. The veteran's attorney, along with the Secretary of VA, filed a Joint Motion for Remand requesting that the Board's decision be vacated due to evidence indicating marked interference with employment caused by service-connected disabilities.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the evidence submitted after the October 2002 rating decision is not material because it does not relate to an unestablished fact necessary to substantiate a claim and does not raise a reasonably possibility of substantiating the claim. As a result, the veteran's application to reopen his claim for service connection for a lumbosacral sprain was denied.

The veteran's monthly disability compensation benefits are not sufficient to cover the appellant's expenses, and an apportionment would cause undue hardship on him. Therefore, the claim for apportionment of his VA disability benefits is denied.

The VA denied a higher initial rating for the veteran's service-connected lumbosacral strain with degenerative joint disease at L4-5, maintaining the current 20 percent rating.

The Board found that new and material evidence had not been received to reopen the claim for service connection for lumbar disc disease, thus denying the petition.

The Board found that the veteran's degenerative disc disease, degenerative joint disease and stenosis of the lumbar spine were not incurred in or aggravated by active service. The claim for a compensable rating for his lumbar strain was also denied.