Back / lumbar spine decisions — 2011

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a back disability and a left foot disability. The case will be returned to the RO for further action.

The Board has determined that additional development is necessary prior to adjudication of the Veteran's claims for service connection, including obtaining private treatment records and scheduling VA examinations.

The Board has denied the Veteran's claims for service connection for left knee, right knee, left ankle, and right ankle disabilities as well as bilateral tinnitus and degenerative disc disease of the spine. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The Veteran's lay statements regarding his in-service injury and resultant symptomatology, as well as private medical opinions linking the current condition to service, are considered.

The Veteran's claims for service connection and increased ratings were denied. The claim to reopen the previously denied back disorder/scoliosis was not granted due to lack of new and material evidence. Service connection for malaria and hepatitis B are granted, but with specific limitations on disability ratings.

The Veteran's low back strain has been characterized by pain and limited forward flexion to 80 degrees, with no muscle spasms. The right knee chondromalacia was manifested by pain but not instability or subluxation. The Board denied the claims for higher initial ratings.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an orthopedic examination.

The Board has granted a disability rating of 30 percent for IBS with GERD, effective from the date of the decision. The claim to reopen service connection for low back disability is granted and the Veteran's IBS with GERD is rated under Diagnostic Code 7319.

The Veteran's claim for higher disability ratings and the reduction of his low back disability rating were denied. The Board found that the initial rating and subsequent reductions were proper.

The Veteran's claim for service connection for a back disorder, including degenerative joint disease (DJD), L5 spondylolysis and L5-S1 spondylolisthesis, is being remanded due to the recent raising of a claim for clear and unmistakable error in previous decisions. The appeal will be adjudicated again.

The Board has granted service connection for low back and neck disabilities, finding that the Veteran's current conditions are related to his active duty service. The claims for bilateral hand and fingers, wrist, and foot disabilities have been remanded due to incomplete evidence.

The Board found insufficient evidence of a chronic low back disorder during service or within one year after service, and there is no probative medical evidence linking the Veteran's current low back disability to his period of active military service. The Veteran's lay assertions regarding continuity of symptomatology are not credible.

The VA determined that the Veteran's current back disability is not related to his military service and denied his claim for service connection.

The Board denied the claim that the Veteran's sudden cardiac death was due to a service-connected disability, as there is no evidence showing any disease or injury incurred in service caused his death.

The Board denied the Veteran's claims of service connection for low back disorder, COPD, and diabetes. The decision found no new and material evidence to reopen the claim for a back disorder, and concluded that there was insufficient medical evidence linking the Veteran's current conditions to his military service.

The VA determined that the Veteran's current lumbar spine disability, including arthritis and degenerative disc disease, was not incurred in or aggravated by service. The Board found no evidence of a chronic disability within one year after separation from service, and there is no credible evidence of continuity of symptomatology since service.

The Board has reopened the Veteran's claim and found that new evidence received since the last final denial raises a reasonable possibility of substantiating his service connection claim. The VA examiner concluded that the current low back disorder is less likely than not related to service.

The Veteran's appeals for higher initial increased ratings for collapsed lumbar vertebrae with limited range of motion have been dismissed as the Veteran withdrew his appeal.

The Veteran's thoracolumbar spine disability, including the T-5 fracture residuals and lumbar spine degenerative changes, is not due to disease or injury incurred in service. The claim for a compensable rating for hypertension has been remanded.

The Veteran's claim for an effective date earlier than October 25, 2004 for the grant of service connection for a back disability has been denied as this represents the earliest possible effective date based on when his petition to reopen the claim was received by VA.