Back / lumbar spine decisions — 2007

The veteran's claim for an increased rating for her service-connected low back disability was granted, with a 20 percent evaluation effective from September 1, 2005. She also received separate service connection and a 20 percent evaluation for fibromyalgia.

The veteran's service connection claims for hypertension, low back disability, obesity, right hip disability, left hip disability, left foot disability, and left knee disability have been denied as there is no evidence of a link between these conditions and his military service.

The Board denied the veteran's claims for service connection for various conditions, including hypertension, low back disability, obesity, right hip disability, left hip disability, left foot disability, and left knee/ankle disabilities. The appeals were based on direct service connection.

The Board has reopened the claim for service connection for a back disorder and granted it on the merits. The veteran's low back disorder is found to be at least as likely as not due to his service-connected bilateral hallux valgus condition. A higher rating of 20 percent was assigned from December 26, 2001 to July 8, 2004 for each foot affected by the hallux valgus condition.

The VA denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which include degenerative joint disease and degenerative disc disease of the lumbar spine, left knee arthritis, hypertension, and otitis externa. The evidence did not show that these conditions alone prevented him from securing or maintaining gainful employment.

The Board found that the appellant's left ankle disability did not cause or make chronically worse any lumbar spine disorder, and thus denied his claim of entitlement to secondary service connection for a lumbar spine disorder.

The veteran's claims for increased ratings for his lumbosacral strain and left knee disorder are being remanded due to the need for additional medical examinations.

The veteran's lumbosacral spine disorder is rated at 40 percent since February 12, 2003. The effective date for the grant of individual unemployability has been set at December 10, 2003.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues on appeal are related to service connection and increased ratings for knee disabilities, but no specific service connection theory or exposure basis is provided.

The veteran's claims for service connection are being remanded due to the need to determine if he was exposed to Agent Orange during his Vietnam-era service and whether he is entitled to the presumption of exposure. The specific claim for diabetes mellitus as secondary to herbicide exposure is deferred pending a final decision in Haas v. Nicholson.

The veteran's appeal is being remanded for further development, including an examination to assess the impact of his service-connected wounds on his back disorder and a determination of whether he can engage in substantially gainful employment.

The Board has determined that the veteran's lumbar spine disability and narrowing C5-6, status post fusion are not service-connected. The evidence does not support a finding of current disabilities or a link to service.

The Board has denied the veteran's claim for service connection for degenerative disc disease, status post discectomy and hemilaminectomy due to a lack of evidence showing that his current condition is related to active military service.

The Board is remanding the case to allow for a Travel Board hearing and further development of the claim.

The veteran's service-connected degenerative disc syndrome, L5-S1, was found not to meet the criteria for a rating in excess of 20 percent prior to September 20, 2004. The issue of an increased disability rating for right shoulder separation remains pending.

The veteran's claim for an increased evaluation of his T-12 fracture with thoracic and lumbar disc disease was granted, resulting in a 60 percent disability rating. His claim for a compensable evaluation for residuals of left thumb fracture was also granted.

The Board has determined that the veteran's right shoulder strain, sinus infection, headaches, low back disorder, and degenerative disc disease of the cervical spine were not incurred or aggravated by service.

The veteran's claims for increased ratings and earlier effective dates were denied. The RO granted service connection for residuals of trauma to the right knee, left knee, and lumbar spine with an effective date of December 13, 1998.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not warrant higher evaluations or service connection based on the evidence of record.

The Board denied the veteran's request for an earlier effective date of March 13, 2003 for a 40 percent rating for his service-connected back disability. The RO had initially awarded him this rating on November 24, 2003.