Back / lumbar spine decisions — 2007

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a back disability. The skin condition was denied as there is no direct or presumptive service connection based on herbicide exposure due to lack of medical evidence linking it to service.

The Board has determined that the veteran's low back strain does not warrant an evaluation in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the case for additional development and consideration of the veteran's claims for service connection due to incomplete information in the record, including missing VA medical records and a Social Security Administration (SSA) decision.

The veteran's service-connected degenerative disc disease and osteoarthritis of the lumbar spine have been rated at 10 percent since August 1, 2004.

The veteran's claim for a higher rating for chronic lumbosacral strain was granted, with the disability rated at 20 percent.

The Board has granted service connection for arthritis of the thoracic spine, but denied service connection for degenerative changes in the lumbar spine.

The VA determined that the veteran's service-connected disabilities do not meet the criteria for SMC based on regular aid and attendance or housebound status.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to rate his service-connected back disability and any psychiatric disorder. The issues of increased rating, service connection, and TDIU will be reconsidered after the additional development.

The Board has remanded the case back to the RO for further appropriate consideration due to issues with VCAA compliance and missing service medical records.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, a right inguinal hernia, hemorrhoids, peptic ulcer disease, and degenerative disc disease of the cervical spine. The evidence does not support a finding that these conditions are related to military service.

The veteran's migraine headaches are rated at the maximum schedular rating of 50 percent due to their very frequent, completely prostrating and prolonged attacks that significantly impact her economic adaptability.

The Board denied the veteran's claims for service connection for various disorders, including right ankle and thigh disorders, low back disorder, left knee and right knee disorders, and left ankle disorder. The reasons were that there was no evidence of current disability or nexus to service.

The Board found that the veteran's depression and degenerative disc disease were not incurred in or aggravated by his military service. The evidence did not establish a link between these conditions and his time in the military.

The VA denied a higher rating for the veteran's degenerative disc syndrome, L4-L5, finding that the evidence did not show pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy.

The Board has determined that the veteran's low back disability does not present an exceptional or unusual disability picture with related factors such as marked interference with employment, and frequent periods of hospitalization. Therefore, the claim for an increased evaluation on an extraschedular basis is denied.

The Board has determined that the veteran's low back disability warrants a 40 percent rating, reflecting severe limitation of motion.

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

The Board denied the veteran's request for a higher disability rating for his degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant a rating in excess of 10 percent. The issue of increased rating for radiculopathy of the right lower extremity was remanded.

The Board has granted service connection for cervical spondylosis but the claim for degenerative disc disease of the lumbar spine requires further development.

The Board found no evidence of a current, chronic low back disorder and denied the veteran's claim for service connection.