Back / lumbar spine decisions — 2008

The veteran's appeal was granted for a rating of 60 percent for degenerative disc disease and degenerative joint disease of the lumbar spine, effective August 29, 2001. The TDIU claim was also granted with an effective date of August 29, 2001.

The Board found no evidence that the veteran's back disorder was incurred in active military service, including during periods of ACDUTRA. The claim is denied.

The Board found that the new evidence did not relate to an unestablished fact necessary to substantiate the claim and thus denied reopening of the service connection for a back disorder.

The Board found that there is no evidence to support a finding of service connection for degenerative disc disease of the lumbar spine, and denied the claim.

The Board has remanded the case due to procedural issues, including a lack of proper time for appeal on the CUE issue.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for his service-connected degenerative arthritis, low back strain. The disability is currently rated at 10 percent under the old criteria.

The Board found no evidence of a chronic back disability during service or for many years after service, and the medical opinion was against a nexus to service. The veteran's PTSD was incurred in service.,The VA examiner diagnosed PTSD based on the veteran's childhood experiences and combat exposure during service.

The veteran's low back disability was not incurred in service and is not secondary to a service-connected condition. Service connection for the low back disability as secondary to T4, T5, and T6 compression fractures has been granted. The effective date for TDIU remains May 7, 2002.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board found that the veteran's bilateral knee condition is unrelated to her active duty service.,The March 2008 VA examiner diagnosed mild pes planus in the veteran, satisfying the current disability requirement for service connection.

The Board has denied the veteran's claims for service connection for obesity, low back pain, and gastroesophageal reflux disease (GERD) as secondary to diabetes mellitus. The examiner is needed to determine if the diabetes caused or aggravated the obesity.

The Board has granted service connection for lumbar spondylosis with spinal stenosis as secondary to the veteran's service-connected arthritis of the left knee. Bilateral hearing loss and tinnitus were not found to be related to service.

The veteran's back disability, characterized by discogenic disease and spondylosis of the lumbar spine, is rated at 10 percent. The issue regarding cysts of the femoral necks remains unresolved as it has been remanded.

The veteran's claims for earlier effective dates for increased ratings of mechanical low back pain with psychological factors affecting physical condition and migraine headaches have been denied as the preponderance of the evidence does not show that her disabilities were productive of impaired judgment, thinking, or mood, or very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability prior to July 11, 2002.

The Board has remanded the case due to incomplete records and inadequate VCAA notifications. The veteran's claims for service connection are being reviewed, along with his claim regarding bilateral hearing loss.

The Board has determined that the veteran's low back disorder and bilateral hip disorder are not service-connected as there is no medical evidence showing a link between these conditions and his military service.

The Board has granted service connection and awarded 10 percent disability ratings for left knee and low back disabilities, effective July 1, 2005. The veteran's low back disability is currently rated as 10 percent disabling due to limited range of motion but no ankylosis or neurological manifestations. His left knee disability is also rated at 10 percent due to limited flexion.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional VA medical records.

The Board denied the veteran's claims for increased ratings for his low back disability and hypertension, finding that the evidence did not support a higher rating based on incapacitating episodes or neurological manifestations.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected avascular necrosis bilateral femoral heads and excessive lordosis with pain and limitation of motion of the lumbar spine.