Back / lumbar spine decisions — 2007

The Board has determined that the veteran's chronic mechanical low back strain originated during active service and is therefore granted service connection.

The Board has granted the veteran's claim to reopen his dental condition, but denied service connection for a low back disorder and impaired vision.,There is no evidence of in-service trauma or combat duty that would support service connection for the veteran's dental condition.

The VA denied the veteran's claim for service connection for residuals of a back injury, finding that there is no medical evidence linking his current condition to service. The VA examiner opined that any current back conditions are less likely than not related to any service injury.

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

The Board has determined that the veteran does not have any diagnosed knee, foot, shoulder, or low back disability. Therefore, service connection for these conditions is denied.

The veteran's claims for service connection for various conditions, including diabetes mellitus, Type II; headaches; diarrhea; lack of energy; muscle aches; urinary frequency (frequent urination); bone deterioration; and low back pain are denied as there is no current diagnosis or evidence linking these conditions to his military service. The hearing loss claim was also denied.

The Board has granted service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected right knee disability. The veteran's traumatic arthritis and instability of the right knee are rated at 20% each, with no additional ratings due to limitation of motion or x-ray findings.

The Board has remanded the case due to the need for a VA examination and additional development of Social Security Administration records.

The Board found no evidence linking the veteran's current back disorder to his service, and thus denied his claim for service connection.

The Board has remanded the case for a VA examination to determine the etiology of the veteran's cervical spine disability and whether it is related to his service-connected right knee disability or any other service-connected condition.

The VA determined that the veteran did not suffer additional disability of the cervical, thoracic, or lumbar spine during a seizure on December 19, 1985. As such, VA compensation for these conditions under the provisions of 38 U.S.C.A. § 1151 is not warranted.

The Board has determined that the veteran's currently diagnosed low back disorder, including DDD and recurrent back strain, was neither incurred in nor aggravated by active military service. The claim is denied.

The Board found no evidence of a low back injury during active military service and denied the claim for service connection. For the bilateral foot disabilities, the VA examiner noted that the corn on the left fourth/fifth interdigital space was related to his active military service, but did not find any relationship between the other diagnoses (pes planus deformity, hallux valgus deformity, and metatarsalgia) and his military service.

The veteran's claim for a higher rating for his lumbosacral and thoracic spine disability, including degenerative disc disease, was denied. The right shoulder cyst claim also resulted in a denial.

The Board has dismissed the veteran's appeals for service connection for a lumbar spine condition, hypertension, and hypertensive heart condition due to lack of timely filing of a substantive appeal.

The Board has determined that the veteran's current lumbosacral strain is related to service, but his degenerative disc and joint disease are not. Service connection for the lumbosacral strain is granted.

The Board has denied the veteran's claims for service connection for chronic low back pain and chronic athlete's foot disease, finding that there is no evidence linking these conditions to his military service.

The veteran's appeal is being remanded due to the submission of additional evidence and a request for a hearing. The case will be reviewed by the RO before further action can be taken.

The Board has remanded the case for additional development, including obtaining VA clinical records and scheduling a VA examination by a board-certified neurologist to address whether memory loss is related to service-connected heart surgery. The veteran's claim of entitlement to an increased rating for degenerative disc disease with compression fracture at L1/L2 remains on appeal.

The Board denied an earlier effective date for dependency and indemnity compensation benefits, finding that the liberalizing legislation adding colon cancer to the list of presumptive diseases did not affect the effective date as it was granted on March 26, 2002.