Back / lumbar spine decisions — 2008

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbar spine disorder, currently rated at 20 percent.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not meet the criteria for higher disability ratings or service connection under the applicable diagnostic codes.

The Board found no evidence of a chronic low back disorder during service and no post-service continuity of symptoms. The claim for service connection was denied.

The veteran's claims for secondary service connection and an increased rating for his left knee disability are being remanded to the agency of original jurisdiction for additional development.

The Board is remanding the claims for service connection for allergies and a left eyebrow scar to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.

The veteran's claim for a higher evaluation for his service-connected recurrent subluxation and dislocation of the right shoulder is granted, with an assigned rating of 30 percent. The claims to reopen for service connection for degenerative disc disease of the lumbar spine (secondary to the service-connected right knee disability) and PTSD are also granted.

The VA has granted a 40 percent rating for the veteran's degenerative disc disease of the lumbar spine, effective March 1, 2005. The decision also addressed a separate issue regarding neurological impairment and assigned a non-compensable rating.

The Board has denied the veteran's claims for service connection for a left foot condition and a back condition as there is no evidence of current disabilities or in-service incurrence.

The veteran's appeal for an increased initial rating for service-connected lumbosacral strain has been withdrawn, resulting in the dismissal of her case.

The Board denied an increased rating for lumbar spine degenerative arthritis, finding the veteran's condition did not warrant a higher evaluation based on the evidence of record.

The Board and RO have denied reopening claims for service connection for visual problems, low back disability, heart disability, irritable bowel syndrome, and disability of the feet due to lack of new and material evidence.

The Board has determined that there was clear and unmistakable error in the June 1995 rating decision denying service connection for a back condition. As a result, the claim is granted, and the veteran's CUE claim renders moot the issue of whether new and material evidence has been presented to reopen his claim for service connection for a back disability. The Board also found that there is no PTSD or psychiatric disability other than PTSD secondary to service-connected disabilities of both knees. A 30 percent rating was assigned for chondromalacia with moderate laxity in the right knee, and a separate 10 percent rating was assigned for arthritis resulting in limited flexion of the right knee. Similar ratings were assigned for the left knee.

The Board has determined that the veteran's current low back and neck conditions are not related to his active military service, thus denying both claims for service connection.

The Board has denied the veteran's claims for service connection of his claimed hip, low back, and psychiatric disorders as secondary to his service-connected right eye disability. The evidence does not support a finding that these conditions are related to his active duty.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the cervical spine, finding no competent medical evidence linking it to his military service.

The Board has remanded the case due to incomplete records and further development is required.

The veteran's claims for increased evaluations of her lumbar spine sprain and cervical spine strain have been denied. The lumbar spine condition remains at a 40% evaluation, while the cervical spine condition was granted to a 30% evaluation from June 29, 1993 through November 12, 1999.

The Board has determined that the veteran's current low back disability was not caused by a fall he suffered during his period of active duty training in 1994 or any other incident in service. As such, the claim for service connection is denied.

The Board denied the veteran's claim for service connection for a back disorder, finding no competent medical evidence showing that her current condition is related to her military service.

The Board found that the veteran does not currently suffer from a diagnosed chronic low back disability and there is no basis to grant service connection for this condition.