Back / lumbar spine decisions — 2007

The veteran's degenerative disc disease of the lumbar spine is rated at 10 percent prior to March 9, 2005. From that date forward, a rating of 20 percent is granted.

The Board found no evidence of a chronic back disorder in service or within one year after discharge, and the veteran did not have continuous symptoms post-service. The VA examiner did not find a link between his current condition and service.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for cervical spine disc disease with limitation of motion and lumbar spine disorder, status post strain. The medical opinions provided since the prior denial suggest a link between these conditions and an automobile accident during military service.

The Board has remanded the case for further development, including obtaining Social Security Administration records and VA treatment records.

The Board has determined that the veteran's back disorder is not associated with his period of service and therefore denied his claim for service connection.

The Board denied service connection for hepatitis, gastrointestinal disorder, pes planus, low back disability, and disabilities of the elbows and hips. The claims were not reopened.

The veteran's claim for an increased disability rating for his service-connected herniated nucleus pulposus, lumbar spine, L5-S1, status post laminectomy is being remanded due to the need for additional medical examination and development of records.

The Board has determined that the veteran does not have a current disability related to his period of active duty service for any of the conditions he is seeking service connection for, including left and right knee injuries, left and right ankle injuries, hepatitis, head injury, bilateral hearing loss, tinnitus, cervical spine disability, and lumbar spine disability. The Board has also determined that there is no evidence of a nexus between these disabilities and his period of active duty.

The Board denied the veteran's claims of service connection for PTSD and a back disability, finding that there was no current evidence of these conditions and insufficient medical evidence to link them to service.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the lower spine, finding no evidence to support a link between his current condition and his military service.

The Board found that the veteran's pseudarthrosis of the lumbar spine at L4/L5 was not caused by carelessness, negligence, or similar instance of fault on the part of VA in furnishing the July 1978 surgical treatment. The Board concluded that the event (pseudarthrosis) was reasonably foreseeable as a result of the surgery.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease, to include sciatica and radicular pain to the lower extremities.

The Board has determined that the veteran's lumbar spine disorder was aggravated by military service, and thus service connection is granted for that portion of her disability. The cervical spine disorder claim requires additional action from the RO.

The Board denied service connection for a back condition, neck condition, right ring finger condition, and hypothyroidism due to lack of evidence linking these conditions to service.

The Board has denied the veteran's claims for service connection for severe bilateral hallux abductovalgus deformity, including bilateral pinched calluses secondary to bilateral bunion deformities, and lumbar spine sprain and strain. The evidence does not support a finding that these conditions are related to active military service.

The Board has decided to remand the veteran's claims for service connection due to incomplete records and requests for additional information from the National Personnel Record Center (NPRC). The veteran is asked to provide any missing medical records, including those related to his bullet fragment injury in the nose. He should also submit private medical records if available.

The veteran is seeking service connection for cervical spondylosis with multi-level degenerative disc disease, which he claims began in service. The VA has denied this claim based on the absence of any neck problems at service separation or for more than 20 years thereafter. The Board has ordered additional development to obtain medical records and a rationale from the VA treating physician.

The Board denied service connection for the veteran's claimed upper and lower back disorders, finding that they were not incurred or aggravated by his military service.

The Board has remanded the case for further development, including a VA examination and compliance with Dingess/Hartman requirements. The veteran's claim of service connection for a low back disorder is pending.

The veteran's appeal is REMANDED to the RO via the Appeals Management Center (AMC) for further action, including a VA examination to determine the nature and likely etiology of his claimed low back disability and any residual scars from his service-connected left thigh scar.