Back / lumbar spine decisions — 2008

The Board has denied the reopening of the claim for service connection for degenerative disc disease of the lumbar spine and has also denied the claim for service connection for a deviated nasal septum.

The Board denied the veteran's claims for service connection for COPD, lumbosacral spine disorder, memory loss, celiac disease, sinus disorder, and neurological disorder (essential tremor of both hands). The appeals were decided on a direct basis without any presumption or secondary relationship to a previously service-connected condition.

The veteran's appeal is being remanded to obtain additional medical records and to schedule VA examinations for his claimed conditions. The claims will be adjudicated again after the necessary development.

The Board has determined that the veteran's claims for service connection for various conditions, including spinal injury with cervical spur and lumbar arthritis, cervical spine radiculopathy, viral syndrome, hyperlipidemia, bilateral leg cramps, weight gain from reduced physical mobility, concussion, dizziness, seizures and cerebral vascular accident, throat disability (trouble swallowing), disability of the abdomen and viscera, and bilateral foot disability were denied due to lack of evidence supporting these claims.

The Board has determined that the veteran does not currently have a left shoulder disability or a low back disability. The issue of cervical strain (neck) is pending and remanded for additional development.,Service connection was denied for both the claimed left shoulder disability and low back disability.

The Board has denied the veteran's claims for service connection for various conditions, finding that new and material evidence was not submitted to reopen these previously denied claims.

The veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine with radiculitis is being remanded due to inadequate examination and need for further medical opinion regarding the nature and etiology of any associated neurological manifestations.

The Board denied the veteran's claims for service connection for Staph aureus infection residuals and Degenerative disc disease of the lumbar and cervical spine, finding no evidence of a current disability related to his in-service Staph aureus infection.

The VA determined that the appellant's lumbar spine disability does not warrant an evaluation in excess of 20 percent, and denied his claim for a total rating based on individual unemployability due to service-connected disabilities.

The Board has dismissed the appeal regarding the rating for keratoconus due to the veteran's withdrawal of his claim. The low back disability is rated at 10 percent, and bilateral plantar fasciitis is also rated at 10 percent.

The Board has decided to remand the case due to incomplete service records and the need for a VA examination.

The Board denied the veteran's claims for service connection for his low back disability, right and left foot disabilities, right and left leg disabilities, and residuals of cold injury to the upper extremities. The hearing loss claim was also denied.

The Board has granted a 50 percent evaluation for PTSD, effective from the date of the decision. The lumbar spine disability is rated at 20 percent prior to January 9, 2007, and greater than 20 percent on or after that date.

The Board granted a 40 percent evaluation for the appellant's lumbar spine disability effective March 2, 1998.

The Board denied the veteran's claims for service connection for a back disorder, a bilateral foot disorder (claimed as plantar fasciitis), and an initial compensable rating for status post bilateral osteotomies for bunions.

The Board found that the veteran's right knee disability was not incurred in or aggravated by active service, and is not proximately due to or the result of a service-connected disease or injury. The claim for TDIU remains pending.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and left knee conditions, finding that the evidence did not meet the criteria for higher ratings under either the old or revised rating criteria.

The Board has remanded the case due to insufficient examination reports addressing the veteran's lumbar spine condition during his entire relevant period of service, including dishonorable service.

The Board denied the veteran's claims for increased evaluations for his left shoulder and lumbar spine disabilities, finding that the evidence did not support ratings in excess of 20 percent and 10 percent, respectively.

The veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing and the need to reschedule it. His claims for increased ratings for right rotator cuff disability, lower back disability, and anal fistula are still pending.