Back / lumbar spine decisions — 2008

The Board has ordered the case to be remanded for additional development, including scheduling an orthopedic examination and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for service connection for a chronic acquired psychiatric disorder, an initial evaluation in excess of 20 percent for his lumbar spine disability, and TDIU due to service-connected disabilities. The evidence did not support these claims.

The veteran's lumbar laminectomy at L1-L2, L2-L3, L4-L5 level; degenerative joint disease; low back strain is rated as 40 percent disabling from July 1, 2002. The other conditions are not entitled to increased ratings.

The Board has determined that the veteran's low back disability, including degenerative disc disease of the lumbar spine with small compression fracture at L3, was not incurred in or aggravated by active service and is not related to any event or incident of his period of active duty. The claim for service connection is denied.

The VA has determined that the veteran's low back strain with degenerative disc disease does not meet or approximate the criteria for a higher evaluation, as it does not result in severe limitation of motion, severe lumbosacral strain, or forward flexion limited to 30 degrees or less.

The Board found no evidence to support the veteran's claim for service connection of a low back disorder or skin disorder, and denied both claims. The claim for an increased rating for schizophrenic reaction was also addressed but not adjudicated as it is related to another issue.

The Board has granted service connection for a right shoulder strain, but denied service connection for back and knee disabilities as they are not related to the veteran's active military service.

The veteran's appeal for service connection for presbyopia has been dismissed due to the appellant withdrawing his appeal. The case is being remanded for further examination and consideration of service connection for a back disability, including as secondary to a service-connected right knee disability.

The veteran's claims for service connection and a compensable evaluation for recurrent malaria are being remanded due to the need for additional medical records.

The veteran's service-connected disabilities effectively preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The Board has dismissed the appeal for special home adaptation as the veteran withdrew his appeal at the July 2007 hearing. Entitlement to specially adapted housing is granted.

The Board found that the veteran's current low back and bilateral foot conditions were not incurred or aggravated by service, and thus denied his claims for service connection.

The Board denied the requests to reopen claims for service connection for postoperative residuals, herniated nucleus pulposus, lumbar spine and bilateral pes planus due to lack of new and material evidence.

The Board has determined that the veteran's mild degenerative disc changes with small, broad-based, right foraminal disc protrusion at L4-L5 warrants a 60 percent rating for the entire period on appeal.

The Board has determined that the veteran's claimed conditions are not related to her active service and have denied all of her claims.

The Board denied the veteran's claims for an initial evaluation in excess of 20 percent for lumbar spine degenerative disc and joint disease, service connection for a seizure disorder, and service connection for PTSD. The reasons were that there was no evidence supporting these claims.

The Board found that the veteran's service-connected lumbar spine degenerative joint disease with radiculopathy did not meet the criteria for a higher rating, as it had not manifested ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The veteran's right lower extremity radiculopathy is due to his service-connected lumbar spine disability. The Board has granted service connection for this condition, but denied the other issues on appeal as they are not related to service or service-connected conditions.

The Board denied the veteran's request to reopen his previously denied cervical spine degenerative disc disease service connection claim as he did not submit new and material evidence.

The Board has determined that the veteran's low back disorder is related to his active military service and grants service connection for this condition.

The Board found that the veteran's service-connected low back pain does not warrant an increased rating, as there is no evidence of neurological involvement or significant functional loss. The numbness and tingling in her lower extremities are not related to her service-connected back disability.