Back / lumbar spine decisions — 2007

The veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that the veteran's current low back disability is not related to any incident or injury during service, and thus denied his claim for service connection.

The Board has determined that the veteran does not have a current diagnosed disability of any claimed conditions, and thus service connection cannot be granted for these issues.

The case is being remanded for additional development of the veteran's service records and treatment records from VA facilities. The issues of service connection for a low back disorder and reopening of a claim for chronic headache will be addressed after this additional development.

The Board found no current disability for anxiety disorder with insomnia, chronic left hip disability, or low back disability. Therefore, service connection was denied.

The Board denied service connection for lumbar spine arthritis, numbness of the feet, and right hip disability as there was no evidence of a disease or injury in service that led to these conditions.

The Board found no evidence of chronic sinusitis, bilateral knee disability, postural hypertension, or back disability during service. The veteran's single episode of sinusitis was acute and resolved without chronicity. Service connection is denied for all issues.

The Board has reopened the veteran's claims for service connection for various knee, hip, shoulder, and ankle disorders. However, further development is needed to determine if these conditions are related to his military service or any other relevant factors.

The Board has determined that new and material evidence has been submitted to reopen the claims of service connection for breathing disorder, bilateral hearing loss, chronic fatigue, and low back disorder. However, as these conditions are not shown to be due to an undiagnosed illness or any other basis provided by VA, the claims remain denied.

The veteran's claim for service connection for a low back disability is being remanded due to the need for an examination and opinion regarding the relationship between any current low back disability and service, including two undisputed in-service back injuries.

The veteran's low back disorder was rated at 40 percent from March 27, 2001 to September 10, 2004. The Board found that the disability warranted a higher rating based on severe limitation of motion.

The Board found that the veteran's current headache disorder is not service-connected, and his back disorder was also not service-connected.,There were no findings of a head or back injury during service.

The Board has denied the veteran's claims for service connection for osteoarthritis of the right knee and osteoarthritis of the lumbar spine, finding no evidence of a nexus to service.

The Board has determined that the veteran's service-connected lumbosacral spine disability, along with other non-service-connected conditions, does not alone render him unemployable. Therefore, his claim for a total disability rating based on individual unemployability is denied.

The Board denied an increased evaluation for the veteran's service-connected low back strain, maintaining a 20% disability rating.

The Board denied the veteran's claims for service connection for a low back disorder, claimed as spinal stenosis; entitlement to an increased rating for residuals of removal of his spleen; TDIU due to service-connected disabilities; and compensation under 38 U.S.C.A. § 1151 for additional back pain resulting from a May 2004 VA x-ray procedure.

The Board denied the veteran's claims for service connection for a back disorder, bilateral hearing loss, and bilateral knee disorder. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim for a back disorder, and that there was no evidence of in-service injury or disease related to these conditions.

The veteran's appeal is being remanded for the VA to obtain updated treatment records and conduct a VA examination to assess his service-connected low back disability and right lower extremity radiculopathy. The veteran will also be provided an opportunity to respond to the Supplemental Statement of the Case.

The veteran's claims for effective dates prior to June 18, 2001 were denied. However, his claim for a 40 percent evaluation for residuals of fracture, second metatarsal of the left foot was granted as of that date.

The Board has remanded the case for additional development, including an examination and consideration of new medical evidence.