Back / lumbar spine decisions — 2007

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are not service-connected as they were not shown to be related to his military service.

The Board has denied service connection for PTSD, a bilateral knee condition, and a back condition. The veteran's claims are pending further development.

The Board has reopened the veteran's claim for service connection for a back disability due to new and material evidence submitted since the September 2001 rating decision. The claim is now on the merits.

The VA denied the veteran's claim for service connection for a low back disorder on a direct basis, finding that there is no evidence linking his current condition to his military service.

The veteran's appeal is being remanded due to errors in applying the correct rating criteria, which may affect his claim for a higher initial rating for his lumbar spine disorder.

The Board denied a rating in excess of 40 percent for the veteran's low back strain with discopathy and denied a TDIU. The criteria for both ratings were not met.

The Board denied the veteran's claims of service connection for a lumbar spine disability, right knee disability, left knee disability, and asthma. The evidence submitted since the previous decisions did not provide new or material evidence to support these claims.

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

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a low back disability, including arthritis of the lumbar spine. The evidence now supports the claim as it establishes a direct link between the veteran's in-service injury and his current condition.

The veteran's claims for service connection and increased evaluations were denied. The claim for a back disability was reopened, but the Board found no evidence of current disability related to service.

The Board has denied the veteran's claims for service connection for a chronic lumbosacral strain, a skin disorder (prurigo nodularis), and hypertension. The reasons are provided in the decision summary.

The veteran's service connection claim for degenerative joint disease of the lumbosacral spine, claimed as a low back disability, is granted.

The Board has determined that a compensable rating for hypertension is not warranted. The veteran's current 20 percent evaluation for degenerative arthritis of the lumbosacral spine and his 10 percent evaluation for right S1 radiculopathy are denied.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claim of entitlement to service connection for a lumbar spine disability.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected degenerative joint disease of the lumbar spine, finding that the evidence did not meet the criteria for a higher rating based on the current level of disability.

The veteran's lumbosacral strain disability is currently rated at 40 percent, which is the maximum schedular rating available under current criteria. The Board found no basis for a higher evaluation and denied both his claim for an increased rating and his TDIU request.

The Board has denied the veteran's claims for service connection for an abdominal hernia, low back disability, and bilateral knee disability. The preponderance of the evidence is against a finding that any current disabilities are related to his military service.

The veteran's claims of entitlement to service connection for a bilateral foot condition, low back disability, sexually transmitted disease (claimed as gonorrhea), depression, and right hand disability are being remanded due to the need for additional development.,The veteran's claim for an increased rating for his service-connected pseudofolliculitis barbae is also being remanded.,The veteran's request to reopen his previously denied claim of entitlement to service connection of a bilateral foot condition and his claim for a clothing allowance are being remanded.

The veteran's low back disability is currently rated at 40 percent, effective September 26, 2003. The appeal for increased evaluations prior to this date and from September 26, 2003 onwards was denied. A separate evaluation of 40 percent for left lower extremity neuritis is also denied.

The veteran's degenerative arthritis and degenerative disc disease of the lumbosacral spine are currently rated at 40 percent, effective January 1, 2002. The residuals of a fracture of the left femur with arthritis of the left hip remain at 20 percent. The hearing loss in the left ear is rated as noncompensable.