Back / lumbar spine decisions — 2008

The Board has granted service connection for a dental condition as secondary to service-connected diabetes mellitus (DM). The remaining claims are remanded for further action.

The veteran's major depressive disorder is rated at 70 percent, and he is granted TDIU. His degenerative arthritis of the lumbar spine does not warrant a higher initial rating.

The VA denied the veteran's claim for an increased evaluation of his service-connected back disability, as the evidence did not show unfavorable ankylosis or incapacitating episodes lasting at least six weeks.

The Board has determined that the veteran's low back degenerative changes are due to an injury sustained during his service in World War II. However, there is no evidence of a current right knee disability linked to service.

The VA denied the veteran's request for an increased evaluation of his low back strain with osteoarthritis, currently rated at 40 percent.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, reflecting significant limitation of motion.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 21, 2005, and from August 22 to August 26, 2005 is denied as the criteria for payment under VA regulations are not met.

The Board has granted service connection for the veteran's lumbar spine muscle spasm with discogenic disease, finding that it is as likely as not due to an injury sustained during his period of active service.

The Board has denied the veteran's claims for increased ratings, service connection, and TDIU. The lumbar spine degenerative joint disease claim was reopened but not granted. The 'nerve' problems (psychiatric) claim was also reopened but not granted. Bilateral hearing loss remains denied.

The Board denied the veteran's claims for service connection for various foot, ankle, knee, and back disorders. The evidence did not show that any of these conditions were incurred or aggravated by active duty service.

The veteran's service-connected conditions do not render him unable to obtain or retain substantially gainful employment, given his education and work experience.

The Board has reopened the veteran's claim for service connection for a back condition and remanded it for further development, including an examination to determine if his current low back disorder is related to service.

The Board has determined that the veteran's current cervical spine disorder, degenerative disc disease of the cervical spine, was caused by an injury in service and grants his claim for service connection.

The Board denied the veteran's claims for reopening his service connection claims and granted him some benefits, but did not find new evidence to support reopening of those claims. The veteran's bilateral foot disability, left ankle disability, and congestive heart failure were not found to be related to his military service.

The Board has granted service connection for spondylosis of the lumbosacral spine, finding that it is related to military service. The other claims for service connection were denied as there was no current disability or evidence linking the claimed conditions to service.

The Board has determined that an effective date earlier than August 22, 1995 for the TDIU is not warranted as it was not factually ascertainable prior to this date that the veteran's service-connected disabilities made her unemployable.

The Board denied the veteran's claims for increased evaluations for sinusitis, bilateral plantar fasciitis, and myofascial low back pain. The veteran was not granted service connection for a skin disorder (claimed as cysts).

The veteran's appeal for an increased evaluation of his lumbosacral strain has been remanded due to the submission of new medical evidence. The case will be returned to the Board after further consideration.

The Board denied the veteran's claims of service connection for a low back disorder, hypertension, and COPD to include as secondary to herbicide exposure. The Board found no current diagnosis of a low back disorder and noted that there was no evidence of hypertension within one year of separation from active duty.

The veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent, which reflects limitation of motion. The disability does not meet or approximate criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less, or unfavorable ankylosis of the entire thoracolumbar spine.