Back / lumbar spine decisions — 2007

The Board has remanded the case for further development due to conflicting medical evidence regarding the onset of the veteran's current back disability.

The veteran's claim for service connection for headaches as secondary to a service-connected disability was denied.,The veteran's claims for higher ratings for her low back disorder were partially granted, with the RO assigning a 40 percent rating from December 3, 1994, to November 13, 1996. The claim for an earlier effective date for the grant of service connection for residuals of repair of an enterocele and posterior colporrhaphy was denied.,The veteran's claim for a higher rating for her IBS was also denied.

The Board has determined that the veteran's low back and cervical spine disorders are incurred in service, with all reasonable doubt resolved in favor of the veteran.

The Board determined that new and material evidence had been submitted to reopen the claim for service connection for a back disability, but denied the de novo claim of entitlement to service connection.

The Board has determined that the veteran's March 1997 letter expressing disagreement with the denial of service connection for degenerative changes of the lumbar spine constitutes a valid Notice of Disagreement (NOD). As such, the decision is not final and new and material evidence was not required to reopen the claim. The case is being returned to the Board for further action.

The Board found no evidence of coronary artery disease, peripheral vascular disease, or left leg disability during service. Post-service treatment records show these conditions but do not establish a direct link to service.

The veteran's combined disability rating is 80 percent, and the VA medical opinions indicate that her service-connected disabilities do not preclude substantially gainful employment.

The Board has ordered a remand to obtain an orthopedic examination and determine if the veteran's current back and hip disabilities are related to his military service.

The veteran's service-connected low back disability and associated radiculopathy have been rated at the maximum available rating of 20 percent. The Board found that a higher rating is not warranted based on the evidence showing moderate limitation of motion, intermittent relief of intervertebral disc syndrome, but no more severe manifestations.

The Board has denied the veteran's claims for service connection for right ring finger disability, neck disability, and low back disability. The claim for left chest melanoma is being remanded due to incomplete records.

The Board found that there is no competent evidence linking hepatitis to service, and thus denied the veteran's claim for service connection.

The Board has determined that there is no evidence of a current disability for the claimed conditions and insufficient medical evidence to establish service connection. The veteran's claims for service connection for a lumbar spine disability, bilateral knee disability, bilateral ankle disability, and bilateral pes planus (flat feet) are denied.

The Board has remanded the case for further action due to issues related to service connection and evaluations of the veteran's knee, back, left foot, and right foot conditions.

The veteran's claim for specially adapted housing or a home adaptation grant is being remanded due to the need for additional development, including obtaining SSA records and conducting VA examinations.

The Board determined that the veteran's current lumbar spine disability is not related to his in-service injury, and thus denied service connection for degenerative disc disease with chronic lumbar strain.

The Board has granted a 40 percent rating for the veteran's duodenal ulcer disease, and service connection for lumbar spine spondylolisthesis with chronic low back pain. The claim of secondary service connection for a low back disorder is moot.

The Board denied a rating in excess of 10 percent for service-connected residuals of a left varicocelectomy and denied service connection for a low back disability.,For the service-connected residuals of a left varicocelectomy, the Board found no current evidence of a left varicocele or symptomatology attributable to that condition. The veteran's pain was attributed to nerve injury from his 1986 surgery.

The Board has ordered additional development due to the VA's failure to request service medical records from 1959 to 1967, and the need for consideration of a new statement from the veteran's private physician. The case will be returned to the RO/AMC for further review.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current back disability is related to service, specifically his injury during active duty in 1974.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence of a current disability related to military service.