Back / lumbar spine decisions — 2008

The veteran's claims are being remanded to the RO for further action due to new evidence submitted after previous Supplemental Statements of the Case.

The Board has determined that the veteran's cervical spine condition is not related to his military service and therefore denied this claim. The lumbar spine condition, however, remains unresolved as it was not adjudicated by the RO.

The Board has granted service connection for residuals of cold injuries to both hands and feet, but denied the remaining claims as there is no current evidence of a disability or link to service.

The Board found no evidence of right ear hearing loss meeting VA criteria for a disability. The veteran's lay opinion was not considered competent medical evidence to support his claim. As such, the claim for service connection for right ear hearing loss is denied.

The Board has determined that the veteran's notice of disagreement with the September 2002 rating decision was not timely filed, and therefore dismissed his appeal seeking an earlier effective date for service connection.

The veteran's claim for a higher rating for residuals of low back strain is being remanded due to the need for additional examination and development.

The Board has remanded the veteran's petition to reopen his previously denied claim for service connection of a low back disability and his claim for an increased (compensable) disability evaluation for his bilateral hearing loss due to insufficient VCAA notice, need for further development regarding new evidence, and the need for another VA audiological examination.

The Board has determined that the veteran's current low back disability was incurred during active duty for training in May 1984, and thus service connection is granted.

The Board has denied the veteran's claims for service connection for conversion disorder, fibromyalgia, reflex sympathetic dystrophy, left hip disorder, and lumbosacral disorder as secondary to his service-connected left knee disability.

The Board granted a 40 percent evaluation for the appellant's lumbar spine disability as of November 1, 2003. The previous evaluations were denied.

The Board found that the veteran's current back injury is not related to service and was not caused or made worse by his service-connected right knee disability.

The veteran's claims for left ventricular hypertrophy, low back disorder, skin disorder, and loss of memory have been denied. The claim for service connection for a low back disorder has been reopened but remains denied.

The Board has determined that the veteran's claims for service connection for PTSD, tinnitus, right knee disability as secondary to service-connected torn meniscus of the left knee, and lumbar spine disability as secondary to service-connected torn meniscus of the left knee have been denied. The evidence did not provide sufficient details about the stressors claimed by the veteran.

The Board has determined that the veteran's left ankle and low back disabilities are not related to his service-connected right ankle disability, and thus denied both claims.

Your appeal is being remanded to the RO for scheduling a video conference hearing before the Board.

The Board has determined that the veteran's pre-existing low back disability was aggravated by his period of active duty for training (ACDUTRA) service in July 2002, and thus grants service connection.

The Board denied service connection for bursitis of the right shoulder, allergic rhinitis (claimed as sinusitis), right ankle pain, and mitral valve regurgitation. The initial ratings assigned for degenerative disc disease with spondylosis at L1-2 and L2-3, hepatitis B, residuals of a stress fracture of the right lower leg, and residuals of a stress fracture of the left lower leg were also denied.

The Board has remanded the case to the RO for consideration of additional evidence and readjudication. The veteran is entitled to service connection for certain conditions but the evaluation and timing need to be reconsidered.

The veteran is seeking service connection for degenerative joint disease (DJD) of the lumbar spine, which he claims is secondary to his service-connected bilateral pes cavus. The case has been remanded due to the need for additional medical records and an examination.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.