Back / lumbar spine decisions — 2006

The veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated as totally disabling for less than the required duration. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.

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

The Board has determined that the veteran's low back pain with fibromyositis warrants a 40 percent disability rating, resolving all doubts in favor of the veteran.

The Board has denied the claims for service connection for a low back disability, sleep disorder, and fibromyalgia. The veteran provided additional evidence in September 2006.

The veteran's claim for compensation under 38 U.S.C.A. ��1151 is being remanded due to the need for a medical opinion regarding the cause of her back disability.

The Board has determined that the veteran's low back disability is service-connected and he is in need of regular aid and attendance, warranting an increased pension rate.

The Board found that the veteran's claim for an earlier effective date for a 40% rating for lumbosacral strain was denied as there was no evidence of increased disability prior to August 29, 2000.

The veteran is seeking service connection for lumbar spinal stenosis, which he claims was incurred during his active duty in Saudi Arabia. However, the appeal has been remanded due to the veteran not reporting for a scheduled Travel Board hearing.

The Board denied higher ratings for lumbosacral strain and cervical spine disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent from February 18, 1997, or in excess of 20 percent since June 9, 2002.

The veteran's cervical spine injury is not related to service, and his thoracic and lumbar spine disabilities are denied.

The veteran's claim for a disability rating in excess of 30 percent for degenerative disc disease, lumbar spine, from March 7, 2002 to January 8, 2004 was denied. The claim for a disability rating in excess of 40 percent for the same condition from June 1, 2005 is also denied.

The Board has denied the veteran's claims for service connection for various conditions, finding no evidence of a nexus between these conditions and his military service.

The veteran's claim for a compensable rating for a pilonidal cyst was denied. The claim to reopen her service connection for a back disability was also denied, as the evidence did not establish a link between her current condition and service.

The Board has denied the veteran's claims for service connection for thoracolumbar scoliosis, right hip, and pelvic obliquity, poor circulation, and swelling as they are not shown to be related to service or any service-connected disability.

The Board granted service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected lumbosacral strain. The issue of a rating in excess of 40 percent for lumbosacral strain after September 25, 2003 is remanded.

The veteran's service-connected tinea pedis and tinea manum with onychomycosis of the toenails are currently characterized by extensive exfoliation or crusting, warranting a 50% evaluation. The veteran's lumbosacral strain with degenerative disc disease is currently productive of moderate intervertebral disc syndrome, with recurring attacks, and moderate limitation of motion of the lumbar spine.

The VA determined that the veteran's claimed conditions are not related to his military service and denied all of his claims.

The Board has determined that there is no evidence of malaria in service or post-service, and the veteran's fibromyalgia was not shown to be related to his military service. The low back disorder also lacks a clear link to service.

The Board has determined that the veteran's death by suicide was not caused by his service-connected disabilities, and therefore, service connection for the cause of the veteran's death is denied. Additionally, the criteria for Dependency and Indemnity Compensation (DIC) pursuant to 38 U.S.C. § 1318 have not been met.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for compensable evaluations under VA rating criteria.