Back / lumbar spine decisions — 2007

The veteran's claims for service connection for various conditions have been granted, but the specific evaluations and effective dates are not specified.,Some issues remain pending as they were not addressed in this decision.

The Board has remanded the case to the RO for review of additional evidence submitted by the veteran's representative.

The Board found no evidence of hearing loss or tinnitus in service and concluded that the current conditions are not related to service. The back condition was also not linked to service, as there is no medical nexus provided by competent evidence.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a back condition, which is now granted. The right ear hearing loss was also found to be incurred in service.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's cervical spine and associated neurological deficit are aggravated by his service-connected disabilities.

The veteran's appeal is being remanded for further evaluation of his bilateral hearing loss and lumbosacral strain, with a focus on whether these conditions are related to his service-connected knee condition or military service.

The Board has remanded the case due to the need for further medical examination and information regarding the veteran's service records.

The Board has reopened the claim for service connection for a lumbar spine disability but denied it. The claim for service connection for a cervical spine disability was also denied.

The Board has granted service connection for arthralgia of multiple joints, degenerative joint disease of the lumbar spine, and acneiform dermatitis due to an undiagnosed illness. Service connection was denied for insomnia.,New evidence submitted since October 2001 supports these claims.

The Board has remanded the case for additional development, including obtaining medical records from various facilities and an examination to determine the nature and etiology of any low back disability. The veteran's claim will be reopened but not necessarily granted.

The veteran's service-connected lumbar spine disability was initially rated at 10 percent prior to April 27, 2005 and then increased to 20 percent beginning on that date.

The Board found that the reduction of the veteran's disability evaluation from 40 percent to 10 percent was proper and an improvement in his lumbar myofascial pain secondary to early spondylosis had been shown. The decision also addressed whether the reduction contained clear and unmistakable error (CUE).

The veteran's claim for an increased rating for his service-connected post-operative lumbar laminectomy with history of strain is being remanded due to the need for additional VA examination and development. The veteran also asserts secondary service connection for depression and arthritis in shoulders and legs, which are not part of the main issue but will be referred to the RO.

The Board has remanded the case for additional development, including obtaining medical records and x-ray films from the veteran's service period.

The VA has determined that the veteran's lumbosacral radiculitis and myofasciitis with residuals associated with repeated coccygeal surgical procedures warrants a 20 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5292. The evidence does not support an increase in this rating.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical center on January 4, 2004 is denied as there was no emergency condition that would have been hazardous to life or health if delayed.

The veteran's claim for a higher rating for his lumbar spine disability is being remanded to the RO for further development, including consideration of an extraschedular evaluation.

The veteran's lumbar strain is currently rated at 20 percent, and the issues for left knee pain, sinusitis, otitis media, fibrocystic disease of the breast, and costochondritis are all granted with specific evaluations.

The VA determined that the veteran's mechanical low back pain does not warrant an evaluation in excess of 10 percent.

The Board found that the veteran does not have a neck or back disability due to disease or injury incurred in service, and denied his claims for service connection.