Back / lumbar spine decisions — 2007

The veteran's claims for higher initial disability ratings for degenerative disc disease of the lumbar spine, cervical spine, and hepatitis B were denied. The RO or AMC considered both former and revised schedular criteria.

The Board has determined that the veteran's lumbar strain was not incurred during active service and denied his claim for service connection.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, effective from the date of the decision.

The Board has denied the veteran's claims for service connection for low back, bilateral knee, and right leg disabilities due to a lack of evidence showing an in-service injury or disease that caused these conditions.

The Board found that the veteran's currently manifested bilateral knee and back disorders were not incurred in active military service, nor are they secondarily related to any service-connected disability.,VA attempted to retrieve the veteran's service medical records but was unable to locate them due to a fire at the National Personnel Records Center.

The Board denied the reopening of a claim for service connection for a low back disability, finding that the additional evidence presented was not new and material.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the veteran is unemployable due to his service-connected disabilities.

The Board has determined that the veteran's left chest scar, residual of his in-service pectoralis muscle surgery, is service-connected.

The Board found that the veteran's current hearing loss and vertigo are not related to his military service, as there was no evidence of a hearing or balance disorder during service. The low back disability is also not linked to service, while the bilateral foot disability remains unresolved due to lack of medical records.

The veteran's low back disability, characterized as osteoporosis with facet arthropathy, is currently rated at 20 percent from August 16, 2004. The Board has granted this initial rating.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim of entitlement to compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a back disorder, and thus the claim is denied.

The Board has determined that additional development is needed to address the merits of the veteran's back disability claim, including obtaining service medical records and providing a VA examination.

The Board denied reopening and adjudicating the veteran's claim for service connection for an upper and lower back disorder, to include as secondary to his service-connected bilateral pes planus.

The veteran's appeals for evaluations of his right lower extremity radiculopathy, left lower extremity radiculopathy, and low back strain with disc herniation have been dismissed due to the appellant requesting withdrawal of these issues.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that service connection is not warranted for the veteran's claimed disabilities of low back, thoracic spine, PTSD, anthrax injections, and asbestos exposure.

The veteran's claims for service connection for various conditions, including a right knee disorder, right leg disability with numbness, back disorder, and PTSD, were denied as the evidence did not support a finding that these conditions are related to his military service.

The veteran's service connection claim for bilateral testicular atrophy is granted. The RO denied the claims for left shoulder, left arm, cervical spine, and lumbar spine disabilities on the basis that there was no explanation of their origin during service.

The Board found that there was no evidence linking the veteran's current back or neck disabilities to his active service, including a contusion during an altercation. As such, the claim for service connection was denied.

The Board denied the veteran's claims for service connection for PTSD and low back disability, finding no evidence of a nexus between his current conditions and his military service. The claim for compensation under 38 U.S.C.A. § 1151 was also denied due to lack of causation.