Back / lumbar spine decisions — 2008

The Board found that the veteran does not have a current diagnosis of bilateral pes planus or an upper back disability, and thus denied service connection for these conditions.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected degenerative joint disease of the lumbar spine with bulging disc at L4-5 and L5-S1.

The veteran is seeking service connection for low back disability and skin disability. The Board has determined that additional development, including VA examinations, is needed to properly adjudicate these claims.

The Board denied the veteran's claims for service connection for migraine headaches and a back disability, finding no evidence of current disabilities or a nexus to service.

The veteran's disabilities, including right hip disability and diabetes, do not meet the criteria for a permanent and total disability rating for VA pension purposes due to their combined rating of 40 percent. The RO assigned ratings based on each individual condition under the appropriate diagnostic codes.

The Board has denied the veteran's request to reopen her claim for service connection for scoliosis of the thoracolumbar spine, as new and material evidence was not submitted.

The Board denied an earlier effective date for total disability based on individual unemployability due to the veteran's service-connected disabilities not meeting the statutory criteria prior to April 30, 2004. The combined rating was 60 percent at that time.

The Board has reopened the veteran's claim for service connection for asthma. However, it was determined that asthma did not exist prior to service and was not aggravated by active service. The other claims were also denied as there is no evidence of arthritis, hernia repair, cervical spine disorder, or low back disorder during service. The parakeratotic squamous mucosa with focal acute inflammation of the soft palate claim was also denied.

The Board has determined that the veteran's low back and right leg disabilities were not incurred in or aggravated by active military service, and thus denied both claims.

The VA determined that the veteran's lumbar myositis with L2 and L3 vertebral bodies irregularities, minimal posterior concentric bulging discs L2-3 and L4-5, mild depression of L2-3 superior endplates towards the right, mild degenerative changes does not meet the criteria for a rating in excess of 10 percent.

The Board found no evidence to support the claim that the veteran's lumbar spine disorder is secondary to his service-connected shrapnel wound of the left buttock, and denied the claim.

The Board found no evidence of a right hip disorder separate from the veteran's service-connected low back strain and denied both his claim for service connection for a right hip condition and his request for an increased rating for his low back strain.

The Board denied the veteran's claim for service connection for lumbar arthritis and disc disease due to failure to report for a VA examination.

The VA determined that the veteran's lumbar spine disability does not meet or approximate the criteria for a higher initial disability rating beyond 20 percent.

The Board denied service connection for an acquired psychiatric disorder, including PTSD. The claim for a higher initial rating and earlier effective date for the grant of service connection for low back disability was also denied.

The Board has denied the veteran's claims for service connection for neck injury with left arm involvement and low back injury, finding that these conditions are caused by degenerative changes rather than an in-service motor vehicle accident.

The Board has ordered additional development of the veteran's service medical records and will review his claims for service connection for various disabilities.

The Board has found new and material evidence to reopen the claim for service connection for low back disability. The medical opinion suggests that a fall in service may have contributed to the current condition, but there is no established continuity of symptoms since discharge.

The Board found no evidence of a low back disability during service and concluded that the current condition is not related to military service. The claim for service connection was denied.

The Board denied service connection for herniated nucleus pulposus, lumbar spine and recurrent hernia as these conditions were not incurred or aggravated by service.