Back / lumbar spine decisions — 2007

The veteran's cervical and lumbar strain were incurred during service, while her foot fungus was not shown to be related to service. Other claims of service connection are denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a back condition.

The veteran's claims for service connection and nonservice-connected pension are being remanded due to the need for additional medical records and examinations.

The veteran's service-connected back disabilities do not render him unemployable as he is able to secure and follow a substantially gainful occupation.

The veteran's claims for higher ratings for chronic lumbosacral strain and peptic ulcer disease were denied as the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The veteran's appeal is being remanded to the RO for further development, including scheduling a hearing before a Veterans Law Judge.

The Board denied the veteran's claim for an initial disability evaluation in excess of 10 percent for degenerative disc disease of C-6 and C-7, with degenerative changes at C-5. The RO assigned a 10 percent evaluation effective November 1, 2004.

The veteran's appeal for service connection for a low back disorder and an increased evaluation for bilateral tinnitus was denied. The veteran's claim for the initial evaluation in excess of 10 percent for bilateral tinnitus is addressed separately.

The Board has granted a 40 percent disability rating for the veteran's service-connected degenerative disc disease of the lumbar spine, effective from September 26, 2003. The ratings for arthritis of both hips remain at 10 percent.

The Board has remanded the case for readjudication of the claim based on whether it is related to herbicide exposure in service. The veteran's low back disability may be related to his active duty in Vietnam.

The veteran's claim for increased ratings for her low back disability and associated radiculopathy was denied. The RO maintained the current evaluations of 20 percent for the low back strain with degenerative disc disease before September 27, 2004, and 40 percent from that date onwards. The left lumbosacral and right lumbosacral radiculopathies were also rated at their current levels.

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

The Board has reopened the previously denied claim for service connection and finds that there is sufficient evidence to support a finding of service connection for a low back disability, including degenerative disc disease. The decision also acknowledges the veteran's history of scoliosis.

The Board denied service connection for a low back disability, including as secondary to the veteran's service-connected right foot disability due to lack of evidence showing a nexus between the current condition and service or service-connected conditions.

The Board denied increased disability ratings for lumbosacral strain and tinea versicolor, finding no evidence to support higher ratings under the applicable VA rating criteria.

The VA determined that the veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment.

The Board has determined that the veteran does not have residuals of shell fragment wounds to the spine with retained foreign bodies due to disease or injury incurred in service.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as his bilateral hearing loss and left eye/ear disorders.

The veteran's claim for an extension of the temporary total rating (TTR) beyond July 31, 2003 was denied as he did not experience severe postoperative residuals warranting a TTR.,Increased ratings claims for right and left lower extremity neuropathy were also pending but are addressed in the REMAND portion.

The Board has granted a 20 percent initial disability rating for the veteran's chronic mechanical low back pain with arthritis, effective from the date of the decision.