Back / lumbar spine decisions — 2012

The Veteran's claims for service connection for myofascial pain syndrome, fibromyalgia, chronic fatigue syndrome, bilateral knee disability, hypertension, chronic sinusitis, and degenerative joint disease/degenerative disc disease of the cervical spine are all denied as there is no evidence of a current disability or a link to service.

The Board has granted the Veteran's petition to reopen his claim of entitlement to service connection for a lower back disability. The underlying claim is addressed in the REMAND portion of the decision below and is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Board found that the Veteran's current thoracic and lumbar spine disabilities were not incurred in or aggravated by his active military service, nor are they proximately due to or aggravated by his service-connected cervical spine disability. The VA examination reports provided no credible evidence supporting these claims.

The Board found that the Veteran's lumbar spine disorder did not manifest during service and is not related to service, thus denying service connection.

The appellant has withdrawn all pending appeals, including the one to reopen his claim for service connection for a low back disability. As a result, the Board does not have jurisdiction to review this application.

The Board found that the Veteran's low back and right knee disorders were not caused or aggravated by his service-connected left knee arthritis, thus denying service connection for these conditions.

The Board has determined that the Veteran's tinnitus and low back disorder are as likely as not related to his active duty service. The decision is in favor of the Veteran on both issues.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and SSA records. The case will be reviewed by the RO after this additional development.

The Veteran's service treatment records are missing, and the Board is unable to determine if he had a back injury or surgery during service. The VA will attempt to obtain additional medical records from Fort Richardson and provide notification of their attempts. A VA examination will be scheduled to assess whether his current back disorder may be related to service.

The Board finds that the Veteran's service-connected lumbar spine, left sciatic neuritis, and cervical spine disabilities did not cause or contribute to his death. The conditions causing his death (septic shock and pneumonia) are not related to his service or service-connected disabilities.

The Board has reopened the Veteran's claim for service connection of a congenital back disorder and finds that it was aggravated by his military service. The evidence shows that the condition existed prior to service but worsened during active duty.

The Veteran's service-connected low back strain and bronchial asthma have been granted increased ratings, with the effective dates being July 7, 2009 for the low back strain and June 29, 2007 for the bronchial asthma.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current level of her service-connected chronic low back strain.

The Board has determined that the Veteran's current thoracic spine disability, including spondylosis and degenerative joint disease, is due to an injury sustained during his active service. The VA examiner found the Veteran credible in his statements about the back injury in service and subsequent symptoms.

The Veteran's low back and right knee disabilities have been evaluated, but the claims for increased evaluations are denied as they do not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has remanded the case for further development due to inconsistencies in the Veteran's occupation and medical records, as well as the need to obtain recent VA treatment records.

The Board found that the Veteran's current low back disorder is not related to his military service and denied both claims.

The Veteran's appeal for higher evaluations for her lumbar spine disability and right pelvis fracture was denied. The Board found that the evidence did not show unfavorable ankylosis of the lumbar spine during the period beginning July 8, 2008.

The Board denied the Veteran's claims for service connection for low back disorder, renal disorder, and stomach disorder. The evidence did not establish a direct link between these conditions and service.

The Board found that the Veteran's current right foot drop and degenerative disc disease of the lumbar spine are not related to his military service, as there is no evidence of such conditions during or immediately following service. The Board also noted that the Veteran did not have a pre-existing low back or right foot disability at enlistment.