Back / lumbar spine decisions — 2008

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied both the claim for cause of death and DIC under 38 U.S.C.A. § 1318.

The Board has determined that further development is needed to determine the relationship between the veteran's current lumbar and cervical spine disabilities and his service, as well as whether new evidence supports reopening of the claims. The case is therefore being remanded for this purpose.

The Board found no medical evidence linking the veteran's current thoracolumbar spine disability to his in-service injury, and thus denied service connection.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the veteran's claims, including obtaining SSA records.

The Board has determined that the veteran's back disorder and bilateral leg disorder are not related to his military service.

The Board denied the veteran's claims for service connection for back and right hip disabilities, finding no credible evidence linking these conditions to his military service.

The Board found that none of the service-connected conditions contributed to the veteran's cause of death, which was due to complications following mitral valve replacement surgery.

The Board denied the veteran's claim for service connection for a back disability, finding that there is no evidence to support a causal relationship between his current back problems and active service.

The veteran's claims for service connection and increased ratings were denied. The TDIU claim was also denied.

The Board denied the veteran's claim for an initial rating higher than 10 percent for his service-connected lumbosacral strain, finding that the disability did not meet criteria warranting a higher evaluation based on its current manifestations.

The Board has determined that the veteran's service-connected DJD and DDD of the lumbar spine warrant a rating in excess of 40 percent, and he is entitled to SMC based on need for regular aid and attendance.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current low back disability is related to his service.

The Board found that the veteran's claim for service connection for a low back disorder was denied as he failed to submit new and material evidence, and his timely appeal was untimely.

The Board has determined that the veteran's current low back disability is related to his active duty service, and he also has a diagnosed psychiatric disorder other than PTSD. The claim for service connection for these conditions is granted.

The Board found no evidence of any service connection for the claimed conditions.

The veteran's cervical degenerative disc disease and thoracolumbar spine disorders are currently rated at 20 percent and 40 percent, respectively. The Board found that the evidence did not support a higher rating for either condition.

The Board found that the veteran's lumbar spine disability did not warrant a rating in excess of 40 percent, as it did not meet the criteria for unfavorable ankylosis or intervertebral disc syndrome.

The Board denied the veteran's application to reopen his claim of service connection for a back disability, finding that new and material evidence was not presented.

The Board has determined that the veteran's degenerative disc disease and degenerative joint disease of the lumbar spine were incurred during active duty service, granting his claim for service connection.

The Board denied the veteran's claim for an earlier effective date for a separate 10 percent evaluation for sensory loss of the right lower extremity, finding that the RO did not err in assigning the initial rating.