Back / lumbar spine decisions — 2008

The Board has determined that the veteran's lumbago with degenerative disc disease and decreased range of motion of the cervical spine do not warrant a rating in excess of 40 percent.

The Board has determined that the veteran's low back disability is not related to his active military service and therefore denied his claim for service connection.

The appellant's income exceeds the maximum annual rate for payment of death pension to a surviving spouse with no dependents, and therefore she is not entitled to VA death pension benefits.

The veteran's claim for a higher rating for his service-connected lumbar spine disability is denied as the evidence does not support an increase in disability beyond what is currently rated.

The Board found no evidence linking the veteran's current lower back disability to his service, including any in-service injury or disease. The claim for service connection was denied.

The Board denied the veteran's claims for a higher rating for his lumbosacral strain and TDIU based on his low back disability, finding that he did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has ordered a remand for further examination and opinion regarding the veteran's back disability, as it relates to service.

The veteran's claims for increased ratings for chondromalacia of the left and right patella, as well as low back syndrome, were denied. The evidence did not support a higher rating based on the current manifestations of these conditions.

The Board has determined that the veteran's low back disability is related to service and has granted service connection.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in purchasing an automobile or conveyance, adaptive equipment, or specially adapted housing. The Board found that his lower extremities are not so severely affected by his service-connected conditions as to require such accommodations.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine warrants a rating of 30 percent effective from April 30, 2003 to August 16, 2007.

The Board has determined that the veteran's low back disability is at least as likely as not aggravated by his service-connected right knee disability, and thus grants service connection on a secondary basis.

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

The Board has remanded the case due to a need for further examination and development of evidence regarding whether the veteran's low back strain is related to his military service.

The Board denied the veteran's claims of service connection for sinus disability, low back disorder, and psychiatric disorder. The conditions were found not to be related to his military service.

The Board denied the veteran's claims for service connection for a back disorder and entitlement to a total rating for compensation purposes based on individual unemployability due (TDIU). The examiner opined that the most likely in-service diagnosis was acute lumbar strain, not supported by the evidence. Service connection has not been established.

The Board has determined that the veteran's back condition is service-connected, but his depressive disorder is not. The Board found that the current evidence does not support a diagnosis of depression with memory loss.

The Board denied service connection for hypertension and degenerative disc disease of the thoracic spine, finding that the veteran's conditions were not incurred or aggravated by his military service.

The Board has determined that the veteran's bilateral knee and low back disabilities were not incurred or aggravated by service, nor are they proximately due to a service-connected disability. The claims for service connection have been denied.

The veteran's appeal of the claim for service connection for fibrocystic breast disease has been withdrawn.,The veteran's TMJ dysfunction is currently rated at 20 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's degenerative disc disease of the cervical spine is currently rated at 10 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's right upper quadrant cholecystectomy and appendectomy scar is currently rated as noncompensably disabling, and a compensable evaluation is not warranted under the applicable rating criteria.,Based on her service-connected disabilities, including depression, obstructive sleep apnea, irritable bowel syndrome, duodenal ulcer disease, gastroesophageal reflux disease, TMJ dysfunction, cervical strain, scar excision for Morton's neuroma of the right foot, and left arm ulnar neuropathy associated with cervical sprain, the veteran is granted a total disability rating based on individual unemployability.