Back / lumbar spine decisions — 2008

The Board found no evidence of a hip or low back injury in service and concluded that the veteran's current disabilities are not related to his military service. Service connection for residuals of a hip and low back injury is denied.

The Board has granted service connection for low back and neck disabilities, finding that the veteran's current conditions are related to his in-service motor vehicle accident. The right hip disability remains at a non-compensable evaluation.

The Board denied service connection for headaches and degenerative disc disease of the cervical spine, finding no evidence linking these conditions to service.

The veteran's claim for an earlier effective date for the grant of service connection for residuals of a low back injury was denied as there is no legal merit to his argument. The effective date remains October 17, 2003.

The veteran's claims of service connection for a low back disability and numbness in the legs are being remanded due to the need for additional medical examination. The issue of whether new and material evidence has been presented to reopen his claim for service connection for hypochondriasis is also being remanded.

The Board determined that the veteran's low back disability does not meet or approximate the criteria for a higher rating, as it does not cause unfavorable ankylosis of the entire thoracolumbar spine. The level of functional loss is noted but does not equate to unfavorable ankylosis.

The Board has reviewed the claims for increased evaluations and service connection, but found that the evidence did not meet the criteria for a higher evaluation or service connection in all cases. The appeals are therefore denied.

The Board has determined that the veteran's major depressive disorder, lumbar strain, and cervical spine disability were incurred in service. The mental health disorder began during his period of active duty due to an incident involving back pain and wrongful accusations. The lumbar strain is related to a diagnosed condition during service, while the cervical spine disability is not related to any aspect of service.

The Board has granted service connection for the veteran's degenerative disc disease of the lumbar spine and assigned a 20 percent evaluation, effective August 1, 2004. The veteran is seeking an increased evaluation.

The Board has reopened the claim for service connection for residuals of a low back injury, but denied it on the merits. The veteran's low back disability is not shown to have had its onset in or within one year after service and there is no evidence linking his current condition to service.

The Board denied the veteran's claims for a higher disability rating for his lumbosacral strain and service connection for hearing loss and tinnitus, finding that the evidence did not support a higher rating based on forward flexion or ankylosis of the thoracolumbar spine. The Board also found no basis for separate ratings for neurological involvement.

The Board denied service connection for cervical and lumbar spine disabilities and a left knee disability, finding that the conditions did not manifest during or as a result of active duty.

The RO denied the veteran's claim for an increased rating for bilateral pes planus, currently evaluated as noncompensably disabling.,The RO also denied his petition to reopen his previously denied claims of service connection for hearing loss and a back disability, including as secondary to bilateral pes planus.

The veteran's appeal is being remanded to obtain medical records and for further consideration of his claims.

The Board denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbosacral spine and radiculopathy of the right and left lower extremities, finding no evidence to support higher ratings based on the current clinical findings.

The Board has granted an initial evaluation of 20 percent for discogenic low back pain, and the veteran's claim is now seeking a higher evaluation. The current rating criteria have been applied to determine that a 60 percent evaluation is warranted.

The Board has remanded the case for additional development due to outstanding medical records and further examination.

The Board found that the veteran's current low back disability is not causally related to his service and denied his claim for service connection.

The Board has granted the veteran's claims of service connection for lumbar, thoracic, and cervical spine disorders.

The case is being remanded for additional development due to the submission of new evidence. The veteran seeks an increased rating for his service-connected back disorder, and the RO will determine if any changes in rating are warranted based on this new evidence.