Back / lumbar spine decisions — 2007

The Board denied the veteran's claims for service connection for back disorder, hearing loss, and lung disorder in June 2002. The RO has not submitted new and material evidence to reopen these claims.

The Board has remanded the case for further development due to a lack of a VA examination linking the veteran's low back disability to his service.

The Board denied the veteran's claims for service connection for bronchitis, low back disorder, and depression. The claim for a compensable rating for residuals of a fractured nose was granted.

The Board has determined that the veteran's low back disability is proximately due to or the result of his service-connected left knee disability. The right knee disability, however, was not incurred in or aggravated by active service and is not related to a service-connected condition.

The Board granted the veteran increased ratings for his lumbosacral strain, migraine headaches, left knee instability, right knee DJD, and cervical spine disorder.

The veteran's service-connected disabilities have not worsened to the point that he is unable to perform his chosen occupation, and the occupation for which he was previously found rehabilitated remains suitable.

The Board has reopened the claim for service connection of a low back disability as secondary to a right knee disorder. The current low back disability is established, but it was not incurred in or aggravated by service.

The Board found that the veteran's degenerative disc disease of the lumbar spine was not caused by or related to his service-connected disability of the soft tissue at T8-T10, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. By extending the benefit of doubt, it is found that the currently demonstrated low back degenerative changes are due to injury incurred in service.

The veteran's claim for increased ratings for chronic lumbosacral strain and a total rating based on individual unemployability due to service-connected disabilities was denied. The current evaluations of 50 percent prior to May 1, 2004, and 40 percent as of May 1, 2004, are upheld.

The Board has determined that the veteran does not have any current diagnosed disabilities for which service connection may be granted.,All of the issues raised by the veteran were denied as they do not meet the criteria for service connection.

The veteran has withdrawn his appeal on the issues of service connection for a back condition and left ankle condition.

The Board denied service connection for a low back disorder and a bilateral leg disorder due to exposure to ionizing radiation. The veteran's claim was not reopened, and the claims were found to lack new and material evidence.

The veteran's low back strain with disc bulge from L3-S1 results in pain and moderate limitation of flexion, but does not meet the criteria for a higher rating as it does not result in severe limitation of motion or incapacitating episodes.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death.

The Board has denied the veteran's claims for service connection for various conditions, including high blood pressure, back disorder, left leg pain (other than peripheral neuropathy related to diabetes mellitus type II), depression, hyperglycemia, bilateral knee disorders, right hip disorder, and bilateral foot disorder. The evidence does not support a finding of service connection in these cases.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, reflecting some limitation of motion with pain and weakness.

The Board dismissed the veteran's motions to revise their January 2003 decisions on grounds of CUE, finding no clear and unmistakable error in the original determinations.

The Board has determined that the veteran's service-connected lumbosacral strain more nearly approximates severe lumbosacral strain, warranting a 40 percent disability rating under Diagnostic Code 5295 in effect prior to September 26, 2003.

The veteran's service-connected low back disorder, characterized by moderate limitation of motion, does not warrant an increased rating beyond the current 20 percent.