Back / lumbar spine decisions — 2008

The Board has determined that the veteran's current disability of the cervical and thoracolumbar spine is related to his active military service, granting service connection for this condition.

The Board has determined that the veteran's service-connected lumbar strain warrants a 40 percent evaluation since June 16, 2005. Prior to this date, the disability was rated at 10 percent.

The veteran's lumbosacral strain with degenerative joint disease is rated at 20 percent disabling, effective from November 14, 2006. The other conditions are evaluated based on their specific criteria.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbar spine warrants a 60 percent disability rating, and her hysterectomy is presumed to be related to military service.

The veteran seeks service connection for low back, right ankle, headache, and right hip disabilities. The Board has determined that a remand is necessary to obtain updated medical opinions regarding the relationship between his current disabilities and his military service.

The veteran's claimed conditions were not incurred or aggravated by active service. The Board found no evidence of a nexus between the current disabilities and his military service.

The Board found that the veteran's current conditions, including bilateral foot disorder, back disorder, right shoulder disorder, and chest pain, are not related to his military service. The veteran's pre-existing conditions were not aggravated by service.

The Board found that the veteran's thoracic spine disability did not meet or approximate the criteria for a higher rating under either the pre-amended or amended VA regulations. The evidence showed essentially normal range of motion and no ankylosis, arthritis, or intervertebral disc syndrome.

The Board has determined that the veteran's current low back disability is not related to his service, including a lifting injury in 1962. The preponderance of evidence does not support a finding that the veteran's current condition is due to service.

The veteran's claims for increased ratings for right and left knee degenerative joint disease, as well as lumbar spine degenerative joint disease, were denied by the Board.

The veteran's claims for increased ratings and reopening of a right shoulder disability claim were denied. The back disability remains rated at 20 percent, the left ring finger amputation continues to be non-compensably disabling, and service connection for the right shoulder disability is granted but not reopened.

The veteran's service connection claims for migraines, hiatal hernia, lumbosacral disc disease, undiagnosed systemic disease (undiagnosed illness), ITP, right index finger fracture, and lymph node biopsy scars have been granted. The disability evaluations are as follows: 30 percent for migraines, 10 percent for hiatal hernia, 10 percent for lumbosacral disc disease, 60 percent for undiagnosed systemic disease (undiagnosed illness) from February 1, 2005, and 100 percent for undiagnosed systemic disease (undiagnosed illness) from January 28, 2008. The right index finger fracture is noncompensable, the lymph node biopsy scars are noncompensable, and ITP remains at a noncompensable evaluation.

The Board has denied the veteran's claims for service connection for right knee and low back disabilities, as there is no competent evidence of such conditions associated with his active military duty. The claim for left ankle disability was previously denied but new and material evidence has not been received to reopen it.

The Board has determined that the veteran's claims for service connection for a back disorder, bilateral hearing loss, right knee disorder, and left leg disorder are denied. The evidence does not support the presumption of service connection due to exposure to Agent Orange or other environmental factors.

The Board has determined that the veteran's right hip disorder, back disorder, poliomyelitis with right lower extremity shortening and musculature atrophy, and right ankle disorder are not service-connected. The claims for these conditions were denied as there was no evidence of a nexus between the current disabilities and military service.

The Board has remanded the case for additional action, including requesting an addendum from a VA examiner regarding whether the veteran's service-connected low back disability alone is sufficiently severe to hinder his ability to obtain and retain all forms of gainful employment.

The Board granted a 40 percent rating for degenerative disc disease of the lumbar spine, effective from September 23, 2002. The TDIU rating was also granted but with an effective date of June 11, 2003.

The VA denied the veteran's claim for a disability rating in excess of 40 percent for his service-connected low back disability from September 24, 2002 to January 5, 2004, and from June 1, 2004.

The Board has determined that the appellant's back disorder and arthritis were not incurred or aggravated in service, as there is no evidence of a chronic disability due to disease or injury related by competent evidence to service. The preponderance of the evidence is against the claim.

The Board denied the veteran's claim for service connection for a cervical spine disorder, finding that new and material evidence had not been submitted to reopen the claim. The Board also found that the veteran did not have an undiagnosed illness as defined by VA regulations.