Back / lumbar spine decisions — 2008

The Board has denied the veteran's claims for service connection for right shoulder, left shoulder, and low back disorders. The initial compensable ratings for the service-connected residuals of lacerations to the right index finger and middle fingers have also been denied.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for extra-schedular consideration. The RO must refer this case to the Compensation and Pension Service for further review.

The Board has determined that the veteran does not have a disability of the cervical spine, bilateral shoulders, bilateral hips, right ankle, low back, or bilateral knees due to service. The claim for PTSD was also denied as there is no evidence linking it to service.

The VA denied a claim for an increased rating for lumbosacral strain, currently rated at 10 percent. The VA found that the veteran's symptoms did not meet criteria for a higher rating based on limitation of motion or other functional loss.

The Board's March 7, 2003 decision has been vacated by the Court. As a result, there is no justiciable case or controversy regarding the issue of clear and unmistakable error (CUE) in that decision.

The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board denied the veteran's claims for service connection for bilateral hearing loss and lumbar disc disease, finding that there was no evidence of a nexus between his current disabilities and his military service.

The Board denied the veteran's claims of entitlement to service connection for bilateral ankle disability, finding that there was no evidence linking the current disability to service or any other service-connected condition.

The case is being remanded for further development, including a VA examination to assess the severity of the veteran's service-connected low back disability and its impact on his employability.

The Board denied service connection for lumbar degenerative changes at L3-S1 and left ear hearing loss, finding no evidence of such conditions during or related to military service.

The Board has determined that the veteran does not have a current lower back disability, and therefore service connection for this condition is denied.,Service connection for insomnia is granted as it was incurred during active duty.

The veteran's combined evaluation of 60 percent does not meet the criteria for a total rating for compensation purposes based on individual unemployability due to his service-connected disabilities alone.

The Board denied the veteran's increased rating claims for his dermatophytosis and spondylolisthesis of the lumbosacral spine, as there is no medical evidence showing incapacitating episodes or unfavorable ankylosis.

The veteran's appeal is for an initial evaluation in excess of 20 percent for his service-connected low back disability. The case has been remanded due to the need for additional development, including a VA examination and consideration of new evidence.

The veteran's appeal is being remanded for additional development, including a VA examination to address the severity of his sciatic nerve paralysis and the nature and etiology of his claimed thoracic spine and lumbar spine disorders.

The Board granted a 40 percent disability rating for the veteran's service-connected low back injury with degenerative disc disease from May 19, 2003 to January 18, 2006. The veteran was also awarded a separate 10 percent rating for radiculopathy of the left lower extremity associated with his service-connected low back disability.

The Board determined that the veteran's lumbar spine disorder is not proximately due to, the result of, or aggravated by his service-connected cervical spine disability. The claim for an increased evaluation for his cervical spine disability was denied as it did not meet the criteria for a rating in excess of 30 percent.

The Board has remanded the case for further development, including obtaining a VA compensation examination and considering the veteran's claims for service connection for degenerative joint disease of each hip, an increased rating for lumbar strain, and a total disability rating based on individual unemployability (TDIU).

The Board has denied the veteran's claim for an increased rating for his service-connected low back disability, currently rated at 40 percent.

The Board has denied the veteran's claims for service connection for bilateral leg pain as secondary to flat feet, frostbite of the feet, back disorder, and right eye disorder (powder burns). The evidence does not support a finding that these conditions are related to his military service.