Back / lumbar spine decisions — 2007

The veteran's claim for an increased evaluation of his service-connected low back disability prior to September 28, 2006 was denied.

The Board denied service connection for the veteran's claimed low back disorder and denied an increased rating for her left foot disability. The Board found that the currently demonstrated low back degenerative joint and disc disease is not due to any event or incident of military service, nor is it proximately due to a service-connected disability.

The Board found that a low back disability was not incurred in or aggravated during the veteran's active duty service and arthritis may not be presumed to be of service onset.

The Board found no evidence of a lumbar spine disorder during service or within the presumptive period after service, and there is insufficient medical nexus to link the current condition to service. The claim for service connection was denied.

The veteran's appeal is being remanded for additional development, including scheduling of hearings before a Decision Review Officer (DRO) and a Travel Board hearing.

The Board found no evidence of a low back disability during service or within one year after discharge, and concluded that the current low back disability is not related to service. The claim for service connection was denied.

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

The Board has denied the veteran's claims for service connection for a back disability and hearing loss, finding that there is no evidence linking these conditions to his time in service.

The Board found that the veteran's current lumbar and cervical spine disabilities are not related to service, and thus denied his claims for service connection.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance or housebound status.

The veteran's claim for a higher initial rating for residuals of a right distal femur fracture with osteoporosis was granted, and he is currently rated at 20 percent. The claim for a higher rating for low back strain remains pending.

The veteran's appeal for a compensable rating for fracture of the transverse process, T4 is dismissed as he withdrew his claim prior to the Board making a decision. The issue of an initial rating in excess of 40 percent for chronic muscular strain of the lumbar spine with degenerative changes and limitation of motion remains on appeal.

The veteran's service-connected right knee disability is not shown to be manifested by any functional loss, degenerative change or bony deformity or instability.,The veteran currently does not have a current left knee diagnosis due to an event or incident of his period of active service.

The Board found that the veteran's low back pain did not meet the criteria for a higher rating, as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The veteran's low back disability is rated at 20 percent, and his service-connected disabilities do not meet the criteria for a TDIU. The appeal is denied.

The veteran's appeal has been withdrawn due to his satisfaction with the decision to assign higher ratings for his disabilities.

The Board has remanded the case for further development, including an orthopedic examination and compliance with the Joint Motion.

The Board denied the veteran's claims for service connection for various conditions, including joint pain, headaches, bleeding gums, skin rashes, insomnia, fatigue, and a back disorder. The evidence did not support a causal link between these conditions and service.

The Board found that the preponderance of evidence is against granting service connection for type II diabetes mellitus due to lack of exposure to Agent Orange during service. The veteran's gastroesophageal reflux disease, hypertension, hemorrhoids, degenerative disc disease of the lumbar spine, and impingement syndrome with history of tendonitis of the left shoulder are currently rated as 10 percent each.

The Board found that the veteran's disc disability of the lumbar spine was not incurred in or aggravated by active service and is unrelated to his service-connected lumbosacral strain. For the period prior to October 5, 2000, the criteria for a higher rating were not met. For the period beginning October 5, 2000, the veteran's chronic lumbosacral strain was productive of severe limitation of motion and warranted a 40% rating.