Back / lumbar spine decisions — 2008

The veteran's claims for service connection for various lower body conditions are being remanded due to the need for additional development, including obtaining medical records and providing proper VCAA notice.

The Board denied the veteran's claims for increased ratings and service connection, finding no competent evidence linking his right shoulder impingement syndrome to his service-connected knee disabilities.

The Board has remanded the veteran's claims for service connection for degenerative joint disease of the lumbar and cervical spine due to a lack of proper notification, need for VA examination, and other procedural issues.

The veteran's claim for an increased rating for her service-connected bulging discs of the lumbar spine is being remanded to the AOJ for consideration of additional evidence.

The Board has denied the veteran's claims for service connection for various conditions, including lumbar spine disability, memory loss, joint pain, headaches, and right upper extremity and cervical spine disabilities. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board found that there is no evidence linking the veteran's current back disability to his military service, and thus denied service connection for it. The Board also determined that secondary service connection was not warranted as the veteran's back disability did not result from or be aggravated by his service-connected knee disabilities.

The Board found that the veteran's current back disability is not related to his service and denied his claim for service connection. The VA pension benefits claim was also denied.

The Board has determined that the May 2003 rating decision denying service connection for low back disability, cervical spine disability, and an acquired psychiatric disability (PTSD) is final. As new and material evidence was not received since these decisions, the claims remain denied.

The Board denied service connection for cervical and lumbar spine disability, finding that the veteran's current conditions are not related to his military service. The Board also denied compensation under 38 U.S.C.A. § 1151 for coronary artery disease, concluding that there was no additional disability resulting from VA medical treatment on March 18, 2002.,The decision found that the veteran's current back conditions are due to wear and tear over the years following service.

The Board has determined that there is no competent medical evidence showing a current disability related to service, specifically low back pain and diabetes mellitus type II. The claim for PTSD will be remanded as the veteran's lay statements do not provide sufficient corroboration of in-service stressors.

The Board denied the appellant's claims for service connection for PTSD, hypertension, rash and lumps on the body, left foot disorder, right foot disorder, bilateral ankle disorder, and back disorder. The appeal regarding hypertension was withdrawn by the appellant during his hearing.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. Additional evidentiary development is required, but the claim is reopened.

The Board has denied the reopening of the veteran's claim for service connection for a low back disorder as no new and material evidence was submitted.

The Board denied an increased rating for the veteran's service-connected chronic lumbar strain with degenerative disc disease, currently rated at 60 percent.

The veteran's claims for higher ratings for lumbar degenerative disc disease, left knee manifestations with osteoarthritis due to altered gait, and right foot plantar warts were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The Board has determined that the veteran's current low back and bilateral leg disorders are not related to his military service, as they predate his service or have no connection with any aspect of his military service.

The veteran's claim for an effective date prior to January 12, 2000 for a 60 percent rating for service-connected lumbosacral strain with degenerative joint disease was granted.,The veteran's claim for an effective date prior to January 12, 2000 for a 10 percent rating for coccydynia was also granted.

The veteran's initial ratings for his service-connected degenerative changes and sacroilitis (low back pain) and supraventricular tachycardia with pacemaker were upheld. The low back pain remains rated at 10%, while the pacemaker is currently rated at 30%. No new evidence or changes in exposure basis have been presented.

The Board denied the veteran's claims for service connection for hypertension, diabetes mellitus, a back disorder, a bilateral leg disorder, sleep apnea, and depression due to herbicide exposure. The appeals were based on presumptive service connection under VA regulations.

The Board has granted service connection for a chronic back disorder and a right inguinal/scrotal hernia, but denied service connection for chronic left foot injury residuals. The veteran's right inguinal/scrotal hernia is currently rated at the maximum schedular evaluation of 60%.