Back / lumbar spine decisions — 2007

The Board dismissed the veteran's appeal to reopen his claim of service connection for low back strain due to his failure to respond to requests for information within one year, resulting in the abandonment of the claim.

The Board has granted a 40 percent rating for the veteran's degenerative disc disease of the lumbar spine, effective from September 23, 2002. The claim for service connection for depression as secondary to his service-connected back disability is not addressed in this decision.

The veteran's claims for an increased evaluation for his lumbar spine disability and TDIU are being remanded due to the need to obtain SSA records, determine if extra-schedular consideration is warranted for TDIU, and complete any additional development deemed necessary.

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

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

The Board has determined that the evidence submitted subsequent to the January 2002 denial of service connection for a back disability is not new and material, and thus the claim remains denied. The veteran's subluxation of the ribcage and impotence are found to be related to his service-connected disabilities, but no right side muscle injury or depression was established as secondary to any service-connected condition.

The Board denied the veteran's request to reopen his claim for service connection for a low back disability and also denied his claim for compensation under 38 U.S.C.A. § 1151 for additional disability involving a low back disability as a result of VA hospital or medical care.

The Board has granted a 20 percent evaluation for the veteran's chronic low back strain, finding that his symptoms more nearly approximate the criteria for such an evaluation based on functional loss due to daily flare-ups and pain.

The Board denied the veteran's claims for increased ratings for residuals of fracture of the left calcaneus with plantar fasciitis, lumbosacral strain, and hypertension. The RO found that the current disability ratings adequately reflected the severity of the disabilities.

The Board has addressed the claims of entitlement to service connection for degenerative disc disease of the spine, an initial compensable evaluation for herpes, a compensable evaluation for pseudofolliculitis barbae and residuals of hepatitis, and an evaluation in excess of 10 percent for postoperative residuals, right foot and right great toe with degenerative changes. The claims are REMANDED to the RO via the Appeals Management Center (AMC), in Washington, D.C.

The veteran's discharge was for a physical or mental condition that did not result from his own willful misconduct and interfered with his performance of duty, thus granting him basic eligibility for educational assistance under Chapter 30.

The veteran's claim for an increased rating for his service-connected lumbar spine fracture residuals with degenerative arthritis is being remanded due to the need for a new examination to assess the current severity of his condition.

The Board has determined that the veteran's arthritis of the lumbar spine is not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has determined that the veteran's current back disability is unrelated to service and denied his claim for service connection.

The Board denied service connection for degenerative changes of the lumbar spine with spina bifida occulta and determined that new and material evidence had not been submitted to reopen a claim for service connection for bilateral pes planus.

The Board has determined that the veteran's cervical and lumbar spine disabilities do not meet or approximate the criteria for a higher disability rating under any applicable diagnostic codes.

The veteran's claims for service connection are being remanded due to the need for additional development, including verification of his involvement in plane crashes and his service in Vietnam. The medical examination is needed to determine the current status of his back condition and BALT lymphoma.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a back disorder, and thus grants the reopening of this claim.

The veteran's low back disorder is rated at 40 percent effective July 26, 2005.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with an opportunity to appoint a representative.