Back / lumbar spine decisions — 2008

The Board found that the veteran's low back disability existed prior to his second period of service and was not aggravated by service. Therefore, service connection for this condition is denied.

The veteran's claims for service connection and earlier effective dates have been abandoned due to her failure to respond within the required time frame.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative joint disease and left lower extremity L5 nerve root change, finding that he is not entitled to a rating in excess of 20 percent under either the old or new versions of the rating schedule.

The Board has determined that the veteran is entitled to an initial evaluation of 20 percent for his lumbar myositis secondary to lumbar strain, effective from March 16, 1995.

The Board denied the veteran's claims for service connection and increased evaluation for various conditions, including bilateral carpal tunnel syndrome, right ear hearing loss, left ear hearing loss, a right ankle disability, positional vertigo, gastritis, a left ankle disability, a right shoulder condition, and chronic lumbosacral strain and myositis with degenerative joint disease.

The veteran's claim for an increased evaluation of her chronic low back strain was denied as she failed to report for a scheduled VA examination without good cause.

The veteran's claims for increased ratings and service connection were denied. The RO found that the veteran did not meet the criteria for higher disability ratings based on his chronic low back strain or residuals of right ankle sprain with arthritis, and there was insufficient evidence to establish service connection for an acquired psychiatric disorder.

The VA determined that the veteran's low back disorder was not incurred in or aggravated by service, nor may it be presumed to have been caused by a service-connected disability. The Board found no evidence of chronicity within one year post-service.

The Board has determined that there is no evidence of current disabilities for the left ankle, bilateral knees, or low back strain. The veteran's service records do not support her claims of in-service injuries resulting in these conditions.

The veteran's claim for vocational rehabilitation training under Chapter 31, Title 38, United States Code is denied as he does not meet the basic requirements due to having no service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for emotional instability with a history of a psychoneurosis, pilonidal cyst, and lumbar strain with possible lumbosacral spine degenerative disc disease. The veteran's claim is considered 'mixed' as some issues have merit while others do not.

The veteran's claims for service connection for back and neck disorders are being remanded due to the need for a personal hearing.

The Board denied the veteran's claims for service connection for coronary artery disease and an increased rating for instability, residual of a left knee injury. The Board found that CAD was not incurred or aggravated in service and is not secondary to his service-connected back condition.

The Board has granted a 50 percent disability rating for the veteran's PTSD, effective from February 29, 2004. The initial ratings for his left and right knee disabilities remain at 10 percent each.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current back and neck conditions are related to his service-connected bilateral pes planus.

The Board has determined that the veteran's pursuit of a law school education is not necessary to improve his independence in daily living and does not meet the criteria for additional vocational and rehabilitation services under Chapter 31, Individual Independent Living Program.

The veteran was granted a TDIU effective August 10, 2001, and service connection for depression with personality changes at that time. The rating assigned is 70 percent.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for a chronic low back disorder, including a herniated nucleus pulposus. The evidence submitted since the August 1993 RO determination was found to be cumulative and did not raise a reasonable possibility of substantiating the claim.

The veteran's appeal is being remanded to obtain additional evidence and for further consideration of his claims, including entitlement to a higher rating for degenerative disc disease of the lumbar spine and service connection for a left knee disorder.

The Board found that the veteran's low back disorder was not incurred in or aggravated by service, nor may arthritis be presumed to have been incurred in or aggravated by service. The claim is denied.