Back / lumbar spine decisions — 2007

The Board has ordered a new VA medical examination to address the merits of the veteran's claim for service connection for a low back disability. The AMC/RO must ensure that all relevant evidence is collected and considered, including pertinent VA medical records, SSA records, and employment records from Southwestern Bell Company.

The VA has determined that a rating of 40 percent for chronic low back pain syndrome is appropriate, reflecting severe limitation of lumbar spine motion.

The Board has determined that the veteran's peripheral neuropathy of the lower extremities and arthritis are not related to service, including any exposure to Agent Orange or Camp Lejeune. The claims have been denied.

The veteran's claims for service connection for bilateral hearing loss, tinnitus, hepatitis C, gastroesophageal reflux disease (GERD), left knee disorder, and low back disorder have all been denied. The Board found that the evidence did not support a link between these conditions and his military service.

The Board has granted a 60 percent evaluation for the veteran's low back strain with lumbar spine multilevel discogenic disease since December 28, 1999.

The Board found that the veteran did not engage in combat with the enemy and his lay statements, by themselves, are insufficient to establish the occurrence of the alleged in-service stressors for PTSD. The low back disorder was also denied as there is no evidence linking it to service.

The Board has remanded the case for additional development, including obtaining medical records and arranging an examination to determine if a current low back disorder is related to service.

The veteran's claim for an increased rating for her mechanical low back disability is being remanded due to the need for a new VA examination and consideration of additional private treatment records.

The Board denied the veteran's claims of entitlement to service connection for post-traumatic stress disorder, a low back injury, asbestos exposure, and radiation exposure. The reasons were that there was no evidence of these conditions being related to his military service.

The Board found that the veteran's service-connected lumbosacral strain and cervical spine disability do not warrant a higher rating based on the current evidence of record.

The Board has determined that the veteran does not have current diagnoses for several of his claimed conditions, and thus service connection is denied. The remaining claims are also denied.

The Board has remanded the case for additional development, including obtaining medical opinions and records to determine if the veteran's thoracic lumbar strain is related to his service-connected left foot disability or pre-existed his injury in 2000.

The Board has determined that the veteran does not have a current disability of lumbar spine degenerative disc disease that was incurred or aggravated by active military service.

The Board has denied all service connection claims as there is no evidence of any claimed conditions during or within one year after service, and the nexus opinions are against a link to service.

The Board found no evidence of a back disorder in service or within one year after discharge, and the veteran's current back condition is not shown to be related to his military service. Therefore, the claim for service connection for a back disorder was denied.

The Board denied a rating in excess of 20 percent for lumbar intervertebral disc disease, and granted separate 10 percent ratings for associated objective neurologic abnormalities of the right and left sciatic nerves.

The Board found that the veteran's DJD of the thoracolumbar spine does not meet the criteria for a higher evaluation, and his right knee disability did not meet the criteria for an increased rating either. The preponderance of evidence is against these claims.

The Board has ordered a new VA examination to determine if the veteran's current lumbar spine disability is related to his military service or caused by his service-connected disabilities of his feet. The appeal will be remanded for further development and consideration.

The Board found service connection for a low back disorder, residuals of prostate urethritis, and a skin disorder (pseudofolliculitis barbae) to be warranted based on direct evidence. The veteran's current conditions are considered service-connected.

The Board denied the veteran's claims for service connection for a low back disability and an increased rating for his tuberculosis of the right kidney, finding no evidence to support these claims.