Back / lumbar spine decisions — 2007

The Board has determined that the veteran's low back disorder, including lumbosacral strain with degenerative disk disease and sciatica, is attributable to service. As a result, the claim for service connection is granted.

The Board has reopened the claim for service connection of low back disability and granted it, finding new evidence that is relevant to the claim.

The Board denied an effective date prior to August 29, 2000 for the grant of service connection for low back pain with degenerative disc disease. The veteran's motion argued that this decision was based on clear and unmistakable error (CUE), but the Board found no evidence of such.

The Board denied the veteran's claims for increased ratings for her back disorder, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board found no competent medical evidence showing the veteran's residuals of a low back injury are related to service.

The veteran's appeal is being remanded for further evaluation and consideration of his claim for TDIU due to service-connected disabilities, including low back pain syndrome and left total knee replacement.

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

The Board denied the veteran's claims for an initial disability rating greater than 10 percent for left lower extremity radiculopathy and entitlement to TDIU, finding that his service-connected disabilities did not meet the criteria for a higher rating or TDIU based on their combined effect.

The Board has denied the veteran's claims for general and special apportionments of his service-connected disability compensation payments, finding that he is not reasonably discharging his responsibility for support of his spouse or children, and that a special apportionment would cause undue hardship.

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

The veteran's claims for higher evaluations of his right knee disability and service connection for a low back disorder secondary to the right knee were denied. The RO found that the low back disability was not related to service-connected disease or injury.

The Board has granted a 10 percent rating for the veteran's low back strain, service connection for his left shoulder disorder and residuals of cervical spine injury have been established.

The veteran's appeal is being remanded for further development, including obtaining additional treatment records and providing him with a proper notice letter.

The Board has determined that the veteran's chronic low back disability and obstructive sleep apnea are at least as likely as not related to his military service, warranting service connection.

The Board denied service connection for a disability manifested by loss of sensation in the right and left legs, as well as back and psychiatric disorders. The claims were not reopened due to lack of new and material evidence.

The Board has remanded the case for additional development, including obtaining medical records and Social Security Administration records.

The Board found that the veteran's fibromyositis of the lumbosacral region did not meet or approximate the criteria for a disability rating in excess of 40 percent, as there was no evidence of unfavorable ankylosis, incapacitating episodes due to intervertebral disc syndrome, or objective neurologic abnormalities associated with the service-connected condition.

The Board found that the veteran's service-connected lumbar spine disability did not meet or approximate the criteria for a rating in excess of 40 percent.

The veteran's service-connected PTSD and GERD are not at issue. The Board denied the claims for increased ratings for these conditions. Service connection for a low back disorder, skin disorder, bilateral knee disorder, bilateral ankle disorder, respiratory disorder, and fevers were all denied as they were not incurred in or aggravated by active military service.

The Board denied service connection for degenerative joint disease of the lumbar spine, fracture of the right hand, and tinnitus as there is no credible evidence that these conditions were incurred in or aggravated by service.