Back / lumbar spine decisions — 2008

The veteran's initial ratings for the service-connected compression fracture, T9, with lumbosacral strain and cervical spine strain were denied as they did not meet the criteria for higher ratings.

The Board denied service connection for degenerative disc disease of the lumbosacral spine as there was no evidence that it was related to service.

The Board denied the veteran's claims for service connection for scoliosis, osteoarthritis and degenerative disc disease of the lumbar spine with incontinence, DJD of the left hip, and DJD of the right hip as there was no evidence linking these conditions to her military service.

The Board denied the veteran's claims for service connection of frostbite, syphilis, rheumatoid arthritis, lumbar and cervical spine disabilities, tinea pedis, and tinea cruris as there is no competent evidence to support a finding that these conditions are related to his military service.

The veteran's degenerative disc disease of the thoracic spine was rated at 20 percent prior to September 26, 2003, and did not meet criteria for a higher rating on or after that date.

The appeal is remanded to the RO for further development of evidence, including obtaining additional medical records and scheduling a new VA examination.

The veteran was granted a 10 percent rating for his service-connected bilateral pes planus and denied an initial evaluation greater than 50 percent for PTSD.

The Board denied the veteran's claims for service connection for bilateral hearing loss, schizophrenia (previously evaluated as a personality disorder), bilateral tinnitus, low back disability, left ankle disability, chronic kidney failure, hypertension, and diabetes mellitus, Type II, finding no evidence of in-service incurrence or aggravation and no medical nexus to service.

The veteran's claims for service connection for degenerative changes of the low back and left shoulder pain due to tendonitis are being remanded for further development, including a more thorough examination with etiology opinions based on a claims file review.

The Board denied the veteran's claims for service connection for depression and a low back disability, as new and material evidence was not found to support reopening of these previously denied claims.

The Board reopens and grants service connection for a low back disorder, finding that new and material evidence has been submitted to support the claim. The veteran's current neck pain is also found to be related to an in-service incident involving boxes falling on his head.

The veteran's claim for an increased rating for a low back disability (lumbosacral strain) was remanded for additional development, including obtaining private medical records and scheduling the veteran for a new VA examination.

The veteran's arthritis of the lumbar spine was incurred in service and has been causally related to service.

The Board finds that new and material evidence has been received to reopen the appellant's claim for service connection for mechanical low back pain, but does not provide a definitive decision on entitlement.

The appeal is remanded for further development of the record, including obtaining outstanding medical records and scheduling a VA examination to determine the nature and etiology of the veteran's back disorder.

The Board denied the veteran's appeal to reopen a claim for service connection for a back disorder, as new and material evidence was not submitted.

The Board denied the veteran's claims for an increased rating for tonsillectomy residuals, service connection for tinnitus, and new and material evidence to reopen previously-denied claims of service connection for pulmonary thrombosis, stomach ulcers, a back disability, and schizophrenia.

The veteran's service connection for urticaria and dry eye syndrome was granted, along with increased ratings for his psychiatric disorder (adjustment disorder) to 30 percent. Other claims were remanded.

The Board denied the veteran's applications to reopen his previously denied claims of entitlement to service connection for a back condition and a bilateral foot condition, as new and material evidence was not submitted.

The appeal is remanded for additional development, including obtaining a VA examination to determine the nature and etiology of any current back disorder.