Back / lumbar spine decisions — 2008

The Board denied service connection for a lumbosacral spine disorder and bilateral leg cramps, but granted service connection for right shoulder and right knee disorders.

The veteran's claims for service connection for liver disorder, abdominal knot/node, back disorder, and diverticular disease of the colon have been denied as there is no evidence linking these conditions to his military service.

The veteran's claims for service connection have been dismissed due to his death.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the revised spine rating criteria effective September 26, 2003.

The Board has determined that the veteran's lumbar radiculopathy (claimed as sciatica) is due to his service-connected degenerative disc disease, and thus service connection is granted.

The Board has determined that the reduction of the veteran's 10 percent evaluation for low back disability was not supported by evidence establishing sustained improvement in his condition.,For the period prior to May 8, 2006, the veteran is entitled to a restoration of a 10 percent evaluation for his low back disability.

The Board has granted service connection for a left knee disorder and a back disorder, finding that these conditions are proximately due to or the result of the veteran's service-connected right leg and thigh shrapnel wounds. The claims were previously denied in July 1998 but reopened based on new evidence received since then.

The Board has granted service connection for erectile dysfunction as secondary to the veteran's service-connected degenerative disc disease of the lumbosacral spine, resolving reasonable doubt in favor of the veteran. The earlier effective date claim was withdrawn by the appellant.

The veteran's low back disability is rated at 20 percent, but he is also entitled to a separate 10 percent rating for associated left sciatic nerve radiculopathy.

The Board denied the veteran's claims for service connection for various conditions, including back disability, PTSD, loss of vision, left shoulder and arm disabilities, stomach disability, and arthritic conditions. The decision also noted that his character of discharge from his second period of active duty service barred him from receiving VA benefits for these conditions.

The veteran is seeking service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected bilateral arthritis of the knees. The case has been remanded due to incomplete records and a need for additional examination.

The Board has determined that the veteran's back disorder was not incurred in or aggravated during active service, nor may arthritis be presumed to have been so incurred. The claim for service connection is denied.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or by reason of being permanently housebound has been remanded due to a lack of recent medical evidence indicating he is in need of such assistance.

The Board has denied the veteran's claims for service connection for a bilateral knee disability, low back disability, and left shoulder disability as there is no evidence of current disabilities associated with his active military duty.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits information. The TDIU claim will be adjudicated after the increased ratings claims are addressed.

The veteran's claims for increased ratings and service connection are being remanded due to the need for further examination and review of his medical records.

The Board denied service connection for residuals of a gunshot wound to the low back and service connection for a gunshot wound to the head, finding no evidence of such injuries during or after service.

The Board denied reopening the veteran's claim for service connection for a low back disorder because no new and material evidence was submitted.

The veteran's service-connected residuals of a lumbar spine injury with degenerative arthritis were granted an increased rating to 40 percent effective August 29, 2005. The veteran's service-connected thoracic compression fracture at T-12 was continued at 0 percent.

The Board has determined that the evidence is in relative equipoise as to whether the veteran's lumbar spine disorder is related to an injury he sustained during service, and thus grants service connection for this condition.