Back / lumbar spine decisions — 2008

The Board denied an increased rating for degenerative disc disease of the lumbar spine, finding that a 50% evaluation is warranted from May 1, 2005.

The Board denied compensation under 38 U.S.C. 1151 for a left knee injury due to carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers.

The Board has determined that the veteran does not have any of the claimed conditions associated with his service and therefore denied all claims for service connection.

The Board has determined that the veteran's currently diagnosed back disorder was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board denied the veteran's claims for service connection for post-polio syndrome and a low back disorder, finding that there was no evidence of an in-service increase or aggravation of his pre-existing poliomyelitis.

The Board has ordered the VA to obtain treatment records from Lackland Air Force Base (Wilford Hall) for the veteran's back problems during his active duty. The case is remanded for further review and determination of service connection.

The Board denied the veteran's claims of service connection for low back disability, hepatitis B, bilateral hearing loss, and PTSD. The evidence did not establish a current diagnosis or link to service.

The Board denied the veteran's claims for service connection for low back and right knee disabilities, finding no new and material evidence to reopen the low back claim and concluding that any current right knee disability is not related to service.

The Board has reopened the claim for service connection for a low back disability and granted an evaluation of 30 percent for conversion reaction, mixed type.

The Board found that the veteran's low back disability, specifically degenerative disc disease of the lumbar spine, is not related to his active service and denied his claim for service connection.

The Board denied the veteran's claims for increased evaluations of his lumbar disc disease, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent prior to February 23, 2005 and found no basis for a higher rating after this date.

The Board has determined that the veteran's claimed chronic low back disorder, bilateral hearing loss, and tinnitus are not related to his military service. The claims for service connection have been denied.

The Board found that the veteran's chronic lumbar strain with degenerative joint disease does not warrant an evaluation greater than 10 percent, as his range of motion and other symptoms do not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case due to the need for additional records and further development.

The Board found that the veteran's claims for service connection for Parkinson's disease, bilateral hip/knee/shoulder disabilities, and depression were not supported by the evidence of record. The preponderance of the evidence is against these claims.

The veteran's service-connected degenerative disc disease of the lumbar spine is rated at 10 percent, and his radiculopathy of the right lower extremity warrants a 10 percent rating. The veteran's epicondylitis remains unconnected to service.

The veteran withdrew his appeals for all issues, leading to the dismissal of these cases.

The Board found that the preponderance of evidence is against a finding that the veteran sustained a low back injury during his active service, and thus denied service connection for a low back disorder.

The Board denied service connection for residuals of a head injury, low back disability, and right shoulder disability as the evidence did not establish that these conditions were incurred or aggravated by active service.

The veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to insufficient evidence regarding separate neurologic manifestations and their severity. The case will be returned to the Board after a VA examination.