Back / lumbar spine decisions — 2007

The Board denied service connection for muscle twitching of the lower extremities and denied an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine. The veteran's claims were based on direct service connection, with no evidence supporting a presumption-based theory.

The Board has granted service connection for a lumbar spine disability and awarded a 100% disability rating, effective from the date of the decision.

The Board has denied service connection for multiple conditions, including arthritis of the right shoulder and both wrists, low back disorder, neck disorder, chronic acquired eye disorder, tinnitus, allergies, asthma, unspecified disorders related to asbestos and radiation exposure. The claims are all denied.

The Board found that the veteran's degenerative arthritis of the lumbar spine did not meet the criteria for an evaluation in excess of 20 percent, as there was no evidence of limitation of forward flexion to 30 degrees or less.

The veteran's degenerative disc disease of the cervical spine is currently rated as 10 percent disabling. The Board finds that the objective medical findings do not meet the criteria for a higher rating under the revised criteria effective September 26, 2003.

The Board has remanded the case for additional development due to missing service medical records and incomplete examination.

The Board has determined that the veteran's arthritis of the lumbar spine and right hip did not manifest until approximately 19 years post-service discharge, and there is no evidence linking these conditions to his active duty service.

The Board denied the veteran's claim for an initial rating higher than 10 percent for degenerative disc disease and degenerative joint disease of the lumbosacral spine.

The veteran's service-connected lumbar spine disability does not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound.

The Board has denied the veteran's claims for service connection for residuals of soft tissue injury to the bilateral shoulders and a lumbar spine disorder, as there is no evidence linking these conditions to his military service.

The Board has reopened the veteran's claims for service connection of degenerative joint disease of the right ankle, cervical spine, and lumbar spine. The evidence shows that these conditions were aggravated by in-service injuries.,Service connection is granted for degenerative joint disease of the right ankle, cervical spine, and lumbar spine as they are considered to have been aggravated by service.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claims for service connection for a low back disability, bilateral hearing loss, and residuals of a right leg injury.

The Board has determined that the veteran's bilateral ankle and low back disabilities were not incurred or aggravated by service. The veteran withdrew his appeal for nonservice-connected pension benefits.

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence submitted since the last final denial. The Board found that there is continuity of symptomatology between the current disability and the in-service back pain, and that it is less likely than not directly attributable to his car accident during service.

The Board has remanded the case for additional development due to incomplete records and the need to obtain medical opinions.

The Board has ordered additional development due to the need for clarification of medical opinions regarding the nature and etiology of any current lumbar spine disorders, including whether they are related to service.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it was incurred in or aggravated by active duty. The issue of an increased rating for lumbosacral strain is remanded.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has denied the veteran's claims of service connection for a psychiatric disability and a low back disability due to lack of evidence showing current disabilities or a link between service and these conditions.

The VA denied the veteran's claim for an increased rating for her thoracolumbosacral strain with degenerative disc disease, as it did not meet the criteria for a higher evaluation.