Back / lumbar spine decisions — 2008

The Board has granted service connection for diabetes mellitus. The appeals seeking service connection for low back and vision problems (claimed as glaucoma) are dismissed due to the veteran's withdrawal of her appeals at a July 2008 hearing.

The Board has denied the veteran's claims for service connection for a stomach disorder, alopecia areata, and arterial hypertension. The claim for service connection for alopecia areata was denied as there is no medical evidence showing that the veteran had alopecia areata at the time of filing or thereafter.

The veteran's claims for service connection for low back, bilateral knee, left hip, and right foot disorders are being remanded due to the lack of available service medical records. The RO is instructed to attempt to obtain these records from NPRC and NARA, as well as any relevant ship logs. They must also seek private medical treatment records and conduct VA examinations to determine the etiology of the veteran's claimed conditions.

The veteran's appeal for reimbursement of unauthorized medical expenses was dismissed because he did not timely file a Notice of Disagreement (NOD) with the September 2005 decision.

The Board found no evidence of a diagnosed respiratory disorder or low back disability associated with the veteran's active military service, leading to a denial of his claims for service connection.

The Board has decided to remand the case for further examination and opinion regarding service connection for lumbar spine injury, bilateral hearing loss, and tinnitus.

The VA denied the veteran's claim for a higher rating for her low back disability, finding that it did not meet the criteria for an evaluation in excess of 20 percent.

The VA denied the veteran's claims for increased ratings for his low back disability and left hip osteoarthritis, finding that the evidence did not meet the criteria for a higher rating based on current functional limitations.

The Board is remanding the case for additional development due to missing Social Security Administration records related to the veteran's back disability.

The RO has incorrectly awarded a 30 percent rating for the veteran's lumbar spine disability, which should be corrected. The case is also remanded to determine if a higher evaluation than 20 percent is warranted under prior criteria.

The Board denied the veteran's appeals for service connection for cervical and lumbar spine disabilities, finding that there was no evidence linking these conditions to his military service.

The Board found that the veteran's current low back disability is not related to his active service and denied his claim for service connection.

The Board has remanded the case for compliance with instructions from a Joint Motion for Remand, including obtaining SGO records and considering provisions of 38 U.S.C.A. § 1154(b) regarding the veteran's claimed in-service back injury.

The veteran's service-connected disabilities have been rated as 100 percent disabling in combination, including post-traumatic stress disorder, low back disorder, and diabetes mellitus. The VA examiner concluded that the veteran's impairment from diabetic neuropathy effectively renders him without the use of his lower extremities, necessitating the use of a wheelchair for locomotion.

The Board denied the veteran's claims for service connection for bilateral hearing loss, low back disability as secondary to left knee Osgood-Schlatter's disease, and right knee disability. The evidence did not establish a chronic condition in service or within one year of separation.

The Board denied the veteran's claims for increased ratings, service connection, and TDIU. The low back strain claim was denied as there is no evidence of ankylosis or pronounced intervertebral disc syndrome. The anxiety disorder and bilateral ankle disorder claims were also denied due to lack of evidence supporting their onset during service or being related to service-connected disability.

The veteran seeks service connection for a low back disorder that he contends is the result of an injury during jump school. The Board has ordered remand to obtain additional medical opinions and to seek out any available private treatment records.

The Board has determined that the veteran should undergo a VA examination to assess his claimed upper back disability and determine its relationship to service. The RO must ensure proper VCAA notice is issued, including regarding potential disability ratings and effective dates.

The veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records.

The Board has determined that the veteran's back disability was not incurred in or aggravated by active service, and denied his claim for service connection.