Back / lumbar spine decisions — 2008

The Board found that the veteran's service-connected knee and back disabilities do not warrant higher disability evaluations based on current symptomatology.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has reopened the claim of service connection for a low back disability, but denied the underlying claim as there is no evidence showing that the current condition is related to active service.

The Board has denied the veteran's claims for service connection for left lower extremity neural impairment, sleep disturbances due to pain from service-connected disabilities, and headaches. The veteran's claim for increased rating for cholinergic urticaria was also denied.

The Board denied the veteran's claims for service connection for lumbar strain, a rating in excess of 20 percent for left knee disability, and an initial rating in excess of 10 percent for right knee disability. The reasons were that there was no evidence to support these claims.

The veteran's service-connected lumbar spine disability and associated left lower extremity radiculopathy are currently rated at 40 percent each, with a combined rating of 80 percent. The claim for higher ratings is denied.

The veteran's service-connected cervical spine disorder resulted in a rating of 10 percent prior to November 1, 2007. After that date, the disability was rated at 20 percent. The veteran is not entitled to higher ratings for his cervical spine disorder.

The veteran's claims for increased evaluation of hypertension and service connection for neurological disabilities have been denied. The RO will review the case and issue a supplemental statement of the case if necessary.

The Board found no evidence of a low back disability in service or within the one-year presumptive period for arthritis, and concluded that the current low back disability is not related to service.

The VA denied the veteran's claim for a higher initial evaluation of his service-connected multilevel degenerative disc disease, finding that the evidence did not meet the criteria for a rating higher than 10 percent.

The Board denied the veteran's claims for service connection for a low back disability, including as secondary to service-connected disability, and denied her increased rating claims for bursitis of the left hip with left gluteal atrophy and chondromalacia of the left knee.

The Board denied the veteran's claims for increased ratings for diabetes mellitus and service connection for traumatic arthritis of the cervical and lumbar spine, finding that there was no evidence to support these claims.

The Board finds that the veteran's degenerative disc disease and degenerative joint disease of the cervical spine were incurred during his active duty service.

The Board has reopened the claims for service connection for back, neck, and right knee disorders based on new evidence. The claim is granted as these conditions are found to be related to active service.

The Board has determined that the veteran is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities, and thus grants a total disability rating based on individual unemployability.

The veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board finds that he is not unemployable due to his service-connected conditions.

The Board has ordered the VA to obtain the veteran's service treatment records and verify his periods of active duty for training. The appeal will be remanded for further development.

The veteran's claims for increased ratings for bilateral hearing loss, left ankle sprain, and low back strain with arthritis were granted. The veteran was also denied service connection for a skin rash to include contact dermatitis, claimed as secondary to Agent Orange exposure, and entitlement to service connection for muscle weakness, claimed as secondary to Agent Orange exposure.

The Board denied the veteran's claims for service connection for hearing loss, PTSD, a back disorder, headaches, chest pain, and muscle spasms. The appeals were not about service connection at all.

The Board denied the veteran's claim for an increased rating for his service-connected left sacroiliac irritation with low back pain and arthritis, other than left lower extremity radiculopathy, as it did not meet the criteria for a higher evaluation.