Back / lumbar spine decisions — 2008

The veteran's temporary total disability rating for convalescence following lumbar spine surgery ended on September 30, 2005. The Board found that the evidence did not support an extension of this rating beyond that date.

The Board granted service connection for cervical spondylitis, assigned separate ratings for short-term memory loss and constipation, and denied the claim for a higher rating for low back disability.

The Board found no evidence of a nexus between the veteran's current low back pain and any in-service injury or disease, and arthritis of the lumbar spine was not shown during the first post-service year. Therefore, service connection for a low back disability is denied.

The Board has remanded the case for further development and consideration due to a lack of a signed examination report by a physician.

The veteran's claim for an increased rating for low back pain, status post spinal anesthesia was denied. The effective date for service connection of left knee strain remains September 27, 2002.

The Board has remanded the case for further development, including obtaining a VA examination to determine if the veteran's low back disability is related to his military service.

The Board has denied the petition to reopen the claim for service connection for a back disability, as new and material evidence was not received. The claim for hearing loss is pending.

The Board denied service connection for patellofemoral syndrome of both knees and residuals of lumbar spine surgery with degenerative joint disease at L5-S1, finding that the evidence did not support a link to service.

The Board denied the veteran's claims of service connection for a back disorder and a right shoulder disorder, finding that there was no evidence linking these conditions to his active duty.

The Board granted the veteran's claim of entitlement to service connection for a low back disorder in June 2004, and awarded a 60 percent disability rating. The RO subsequently increased this rating to 60 percent effective August 4, 1997. The former attorney is now eligible for payment of attorney fees based on past-due benefits from the date of the initial award until September 22, 2005.

The Board denied the veteran's claims for increased ratings for his thoracolumbar spondylosis with DDD, bilateral knee osteoarthritis, and bilateral foot degenerative arthritis. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the case for further development to obtain missing service records and provide notice of applicable law regarding secondary service connection claims.

The Board denied the veteran's claims for service connection for total left knee replacement and lumbar degenerative joint disease, finding that these conditions were not proximately due to or the result of his service-connected right knee disability.

The veteran's claims for service connection for bilateral hearing loss, tinnitus, and hypertension are denied. The claim for a neck injury/disorder is granted with the reopening of the claim.

The Board has denied the veteran's claims for service connection for numbness in the feet, gynecological condition (genital warts with breakthrough bleeding), residuals of frostbite to the left ear, and residual cysts on the ears. The Board also found that she does not have a current disability manifested by lumbar strain, bilateral knee disorder, or bilateral shin splints due to service.

The Board has determined that the appellant's low back disability to include spinal stenosis and polyneuropathy were not incurred in or aggravated by active service.

The Board has remanded the case due to new evidence being added to the record and a supplemental statement of the case needs to be issued.

The veteran's claims for an initial rating for his right thumb disability and service connection for degenerative arthritis of the lumbosacral spine are being remanded due to new evidence suggesting a possible inservice injury. The RO is instructed to obtain relevant medical records from Seymour Johnson AFB or Fort Lee, schedule VA examinations, and readjudicate the claims.

The Board has determined that the veteran's current low back condition is not related to his active service, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for headaches, a low back disability, and a skin disability (basal cell carcinoma and actinic keratosis). The veteran's current conditions are found to be related to his active service.