Back / lumbar spine decisions — 2007

The veteran's claims for increased ratings for his spine and peripheral neuropathy conditions have been granted, with a rating of 20 percent effective from September 5, 2003.

The Board has determined that the evidence submitted by the veteran does not meet the criteria for reopening his claim of service connection for a low back disability, as it is not new and material. The claim remains denied.

The Board has granted service connection for the veteran's right elbow disorder and low back disorder, finding that these conditions are related to his military service.

The Board found that the grant of service connection for left hip pain secondary to a service-connected left knee disability was clearly and unmistakably erroneous, leading to its proper severance. The veteran's claims for low back and right knee disabilities were denied as they are not related to service or service-connected conditions.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine with spondylolisthesis and lumbar spinal stenosis is related to his military service, resolving all doubt in favor of the claim. The effective date for this grant of service connection is not specified as it was granted on a direct basis.

The Board has denied the veteran's claims for service connection for low back disability and an initial compensable rating for residuals of a fracture of the right tibia. The claim for increased compensation for bilateral hearing loss is pending in the REMAND portion.

The veteran's appeal is being remanded for a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The veteran withdrew his appeal for an evaluation in excess of 20 percent for lumbar spine degenerative disc disease.

The Board has reopened the veteran's previously denied claims for PTSD, lumbar disc protrusion with discectomy, and a skin condition. The new evidence submitted by the veteran relates to an unestablished fact necessary to substantiate these claims (unspecified stressor events during service). Service connection is granted.

The Board has determined that the veteran's degenerative joint disease of the lumbar spine is a result of an injury incurred during active military service, and thus grants service connection for this condition.

The veteran's increased rating claim for left sural nerve disability was denied due to his failure to report for a scheduled VA examination.,Service connection for right leg disability and low back disability were both denied as the evidence did not raise a reasonable possibility of substantiating these claims. Service connection for pulmonary fibrosis was also denied.

The veteran's claims for higher ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's chronic lumbosacral strain with radiculitis causes severe limitation of motion without specifically identified nerve involvement, and the Board has granted a 60 percent evaluation.

The Board denied the veteran's claims for service connection of left hip, knee, and low back disabilities as secondary to his service-connected left ankle fracture. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board found that the veteran's low back strain did not meet or approximate the criteria for a rating in excess of 10 percent.

The veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private medical records.

The Board denied the veteran's claims of service connection for chronic bilateral wrist, hip, and low back disabilities (claimed as arthritis), finding that there was no evidence to support these conditions during his period of active duty. The severance of VA compensation for arthritis of the right and left knee awarded in 2003 was also upheld.

The Board has determined that the veteran's claims for service connection for a low back disability and a stomach disability cannot be granted as there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the veteran's cervical and thoracolumbar spine disabilities are service-connected, as they are likely due to injuries sustained in a motor vehicle accident during service.

The Board has denied the veteran's claims for service connection for bipolar disorder, hypertension, left hip condition with arthritis, left ankle disability with arthritis, back disability, headaches, and respiratory disability.