Back / lumbar spine decisions — 2006

The Board denied the veteran's claim for a TDIU on an extra-schedular basis, finding that his service-connected back disability did not preclude him from substantially gainful employment.

The veteran's death was not caused by any service-connected conditions, and the service-connected conditions did not accelerate his death.

The veteran's service-connected low back disability, characterized by mild degenerative disc disease at L4-L5 with L5 spondylolysis without spondylolisthesis, does not meet the criteria for an evaluation in excess of 10 percent.

The Board denied the veteran's claims for an increased evaluation of his service-connected residuals of excision of exostosis, right thigh and service connection for lumbar disc disease including as secondary to service-connected residuals of excision of exostosis, right thigh. The decision found that there was no direct service connection for the lumbar disc disease and denied both claims.

The Board has determined that the veteran's current low back disability is not related to his service or any incident therein, and therefore denied his claim for service connection.

The Board has determined that the veteran's low back disability, including spondylolisthesis of the lumbar spine, preexisted service and was not aggravated by service. Therefore, service connection for a separate low back disability is denied.

The Board found no evidence to support the veteran's claim for service connection for residuals of a low back injury, as there is no documented in-service injury or chronic disability within one year post-service. The current low back condition was not shown to be related to service.

The Board found that the veteran's lumbar spine disability causes functional loss, but not to a degree warranting a rating in excess of 40 percent.

The Board denied the veteran's claims for service connection for asbestosis and chronic bronchitis, bilateral hearing loss, dermatitis of the feet, and tinnitus. The claim for an increased evaluation for degenerative disc disease was not addressed in this decision.

The Board has granted restoration of the 20 percent rating for lumbosacral strain, but denied an increased evaluation in excess of 20 percent.

The Board granted an increased evaluation of 40 percent for the veteran's service-connected degenerative disc disease, L5-S1 under the old rating schedule.

The Board has denied the veteran's claims to reopen his service connection claims for right lower extremity disability, lumbosacral disability, and upper respiratory disability due to lack of new and material evidence.

The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension on account of being in need of aid and attendance of another person.

The veteran's initial schedular rating for degenerative disc disease of the lumbar spine was denied, as his hemoglobin level did not meet the criteria for a higher evaluation. The claim for anemia was granted with a noncompensable (0%) rating effective January 8, 2002.

The veteran seeks a higher rating for his service-connected degenerative disc disease of the lumbar spine. The RO has remanded the case due to the need for updated VA examinations and consideration of revised criteria for evaluating spine disabilities.

The Board has decided to remand the case due to the need for a VA spine examination to determine if the veteran's back disability is related to his military service.

The Board has granted a 20 percent evaluation for the veteran's cervical spine disability, effective July 25, 1996. The claim for an increased rating for right ingrown toenail was denied.

The Board has determined that the earliest effective date for a combined 100 percent disability evaluation is March 8, 2000.

The Board has reopened the veteran's claims for service connection, but denied them on their merits as there is no evidence of in-service injury or disease that would support a finding of service connection.

The Board denied the veteran's claim for a higher disability evaluation for his right ankle disability and service connection for residuals of left knee arthroscopy and lumbar paravertebral myositis.