Back / lumbar spine decisions — 2007

The Board has remanded the veteran's claims for service connection due to insufficient medical opinions regarding the relationship between his current psychiatric and back conditions and his military service. The claims will be returned to the RO for further development.

The Board denied service connection for shortening of the right leg and a low back disorder secondary to it, finding that the shortening existed prior to service and was not aggravated by service. The low back disorder is unrelated to an in-service disease or injury.

The veteran's hypertension and low back disability were evaluated based on their current manifestations. The appeal was not about service connection, but rather the evaluation of these conditions.

The Board denied the veteran's claims for increased ratings and service connection, finding that his sleep apnea was incurred in service but not meeting current disability criteria for bilateral hearing loss. The thoracolumbar spine issues were addressed separately with a single rating assigned.

The Board has determined that the submitted evidence is not new and material, and thus the claims for service connection for right femur disability, lumbar spine disability, left hip disability, and residual injury to the left sciatic nerve remain denied.

The Board denied the claim for service connection for a back disorder in May 1997. The veteran's new evidence does not provide a link between her current back disability and service, thus the claim cannot be reopened.

The Board denied the veteran's claims for service connection for residuals of a right ankle sprain, a low back disability, and hemorrhoids due to lack of current disabilities. The RO granted service connection for right ear hearing loss but denied service connection for left ear hearing loss.

The veteran's claims for increased evaluation, service connection for a right great toe and second toe injury, low back disorder, and hypertension were all denied. The Board found that the evidence did not meet the criteria for an increased rating or service connection.

The veteran's low back disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating based on the current evidence.

The Board denied service connection for the veteran's claimed neck injury and degenerative disc disease of the cervical spine, finding that there was no credible evidence linking these conditions to his active service.

The Board has not found new and material evidence to reopen the claim of service connection for degenerative arthritis of the lumbosacral and cervical spines, but has determined that some issues may be granted based on reopening.

The Board denied the veteran's application to reopen his claim of service connection for a back disability, finding that new and material evidence did not raise a reasonable possibility of substantiating the claim.

The Board denied the veteran's claims for service connection for depression secondary to a service-connected disability (lumbar spine) and an evaluation in excess of 10 percent for residuals of lumbar spine injury with degenerative arthritis. The appeals were both denied.

The veteran's diabetes mellitus II is presumed to have been incurred in service due to herbicide exposure. Service connection for hepatitis C was denied as there is no evidence of a relationship between the condition and service.

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

The Board is granting an effective date of February 25, 2000 for the veteran's entitlement to additional VA compensation for a spouse. The RO must also consider whether an earlier effective date is warranted and remand all other matters on appeal.

The Board found no evidence of a low back disability in service and concluded that the current condition is not related to service, thus denying the claim for service connection.

The veteran has withdrawn his appeal, and the case is dismissed.

The Board denied the veteran's claim for an increased evaluation for his service-connected strain and myositis of the lumbar paravertebral muscles, finding that the current rating of 20 percent adequately reflected the severity of his disability.

The Board found that the veteran's back disability is not directly related to any incident or occurrence of military service.