Back / lumbar spine decisions — 2008

The Board has granted service connection for a low back disorder, finding that the evidence supports this determination.

The veteran's service-connected thoracolumbar spine and cervical spine disabilities were granted, with the thoracolumbar spine disability rated at 20 percent. The right elbow and left elbow tendonitis disabilities remain at 10 percent each.

The Board found that the veteran's lumbar spine disorder and fibromyalgia are not related to her active duty military service, thus denying both claims.

The Board has determined that the veteran's low back disability was not incurred or aggravated during his active duty service and is therefore denied. The claim for a pulmonary disability, claimed as due to asbestos exposure, will be addressed in a separate remand.

The veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination, and considering the claims again.

The Board has determined that the veteran's appeal was not timely filed and is remanding the case for further action, including consideration of whether a substantive appeal was timely filed.

The Board has decided to remand the case due to incomplete records and will provide further development before making a decision on service connection for low back disorder.

The veteran's claim for service connection for a low back disorder has been reopened, but further development is needed to determine if the current condition is related to his military service.,There is no evidence of an acquired loss of visual acuity due to service. The Board notes that there are VA treatment records dated in March 2006 which have not been reviewed by the RO and requests a waiver for review.,The veteran's claim for PTSD must be remanded as well, as the necessary supporting evidence has not been provided.

The Board has granted service connection for bilateral flat feet and finds that the veteran's current diagnoses of left foot arthritis, right foot arthritis, left leg arthritis, right leg arthritis, and depression are not proximately due to or the result of a service-connected disability.

The veteran's initial service-connected gastritis and degenerative arthritis of the lumbar spine with radiculopathy of the left leg were not found to warrant higher ratings. The seizure disorder was also denied.

The Board found new and material evidence to reopen the claim, but denied service connection for a low back disorder due to lack of a link between in-service treatment and current disability.

The veteran's claims for increased ratings were denied, but he was granted a compensable rating (10%) for his bilateral callosities. His claim for the lumbosacral spine remains pending.

The Board has determined that the veteran's lumbar spine disability does not meet or approximate the criteria for a rating in excess of 10 percent under any applicable diagnostic code.

The Board granted a 20 percent evaluation for degenerative disc disease, thoracic spine with herniated disc T6-T7 and denied an initial evaluation in excess of 10 percent for the veteran's sleep disorder.

The Board denied the veteran's claims of service connection for bilateral wrist injury, nose disability, neck disability, and back disability due to a lack of competent evidence of current disabilities or a nexus between any claimed conditions and active military service.

The VA denied the veteran's claim for service connection due to a lack of current medical evidence showing a low back disability.

The veteran is seeking service connection for a lumbar spine disorder, which he claims occurred during his active duty. The Board has determined that additional development is needed to verify the exact dates of his service and whether it qualifies him for VA benefits.

The Board denied service connection for a low back disability, including residuals of a fracture of the second lumbar vertebra, finding that there was no evidence to support such a claim.

The Board denied the veteran's claims for service connection for low back disability, left arm injury residuals, right arm and wrist disability, left neck disability, skin cancer, increased rating for left thumb injury, and basic eligibility to receive pension benefits due to lack of evidence linking these conditions to his military service.

The Board is remanding the case to provide corrective VCAA notice and consider the veteran's claim of service connection for a low back disability, including an explanation of what constitutes 'new' and 'material' evidence.