Back / lumbar spine decisions — 2006

The Board finds that the veteran's service-connected conditions do not prevent him from engaging in substantially gainful employment, and thus denies his claim for a TDIU.

The Board has determined that there is no evidence of current disabilities related to the veteran's service, and therefore, denied all claims for service connection.

The Board has determined that the veteran does not have a disability due to impaired hearing for VA purposes and his tinnitus is not related to service. The claim for lumbosacral strain, to include as secondary to a service-connected left foot disorder, is remanded for further development.

The Board has denied the veteran's claims for service connection for low back disability, neuropathy in the upper extremities, and cataracts with secondary membrane in the left eye. The evidence does not support a finding of direct service connection for these conditions.

The Board found no evidence of a back disorder during service and denied the claim for service connection as there was insufficient medical evidence to link any current condition to service.

The VA Board found that the appellant does not have any lumbar spine bone or disc disorder attributable to his active military service.

The veteran's claims for service connection for a back disability and a left foot disability are denied as there is no evidence of current disabilities or in-service incurrence.

Throughout the rating period, the veteran's degenerative disc disease of the lumbosacral spine was manifested by severe limitation of motion and moderate neurologic deficit. The current evaluation of 60 percent is appropriate given these findings.

The Board found that the veteran's bilateral lower extremity disorder and chronic lumbar spine myositis were not incurred or aggravated by service, did not manifest within one year of discharge, and are not proximately due to or the result of his service-connected condition. As a result, the claims for service connection and increased rating were denied.

The Board has reopened the veteran's claims for service connection for lumbar degenerative disc and joint disease, degenerative changes of the cervical spine, and neuropathy of the right leg. The appeals are granted as the evidence supports a finding that these conditions are related to military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's service-connected degenerative disc disease of the lumbar and cervical spine segments are not rated higher than their current levels.

The veteran's lumbar spine disability is rated at 60 percent, the highest available under the old rating criteria for lumbosacral strain.

The veteran's service-connected disabilities do not preclude him from securing and following some form of substantially gainful employment.

The Board denied the veteran's claims for service connection for diabetes mellitus, lumbosacral strain, right ankle disorder, and left ankle disorder due to lack of new and material evidence. The other issues were not addressed as they are remanded.

The veteran's lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy is rated at 40 percent prior to September 23, 2002. From that date, he is entitled to a separate rating of 10 percent each for right and left lower hypesthesia due to lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy.

The VA determined that the veteran's back disability was not incurred or aggravated during his active service, and thus denied his claim for service connection.

The Board denied the veteran's claim for service connection of a low back disability, finding that there was no evidence connecting his current condition to his active duty service.

The Board found that the veteran's service-connected lumbar spine disability does not prevent him from securing and following substantially gainful employment consistent with his occupational experience, thus denying his claim for TDIU.

The Board has remanded the case due to incomplete information and evidence, requiring additional examinations and development of records from Social Security Administration.